20131108 TZHC Mbeya

20131108 TZHC Mbeya

The applicant failed to prove the respondent's gross negligence or connect him to the losses. The arbitrator's finding of unfair termination is upheld. However, the arbitrator erred in awarding 24 months' salary when only 12 months were claimed; the award is revised to 12 months' salary.

Citation
20131108 TZHC Mbeya
Parties
Applicant: Coca Cola Kwanza; Respondent: Daudi Mapunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2013
Procedural Posture
Labour Revision / Judgment
Outcome
application partly allowed
Legal Topics
Unfair Termination, Gross Negligence, Remedies for Unfair Dismissal, Arbitrator's Powers
Source Language
English
Employment Law Labour Law Unfair Termination Gross Negligence Remedies for Unfair Dismissal Arbitrator's Powers

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Parties

Coca Cola Kwanza

Applicant

Daudi Mapunda

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondent's termination was substantively unfair
  2. 2 Whether the arbitrator erred in awarding 24 months' salary instead of 12 months as relief

Ratio Decidendi

The applicant failed to prove the respondent's gross negligence or connect him to the losses. The arbitrator's finding of unfair termination is upheld. However, the arbitrator erred in awarding 24 months' salary when only 12 months were claimed; the award is revised to 12 months' salary.

Court Disposition

application partly allowed

Orders

  • Award of 24 months' salary revised to 12 months' salary for the respondent
  • Other reliefs confirmed as per the arbitrator's award