20131108 TZHC Mbeya2

20131108 TZHC Mbeya2

The applicant failed to prove the respondent's gross negligence or connect him to the losses. The Arbitrator was correct in finding the termination unfair, but erred in awarding 24 months' salary instead of the 12 months claimed. Relief is revised to 12 months' salary.

Citation
20131108 TZHC Mbeya2
Parties
Applicant: Coca Cola Kwanza; Respondent: Daudi Mapunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2013
Procedural Posture
Labour Revision / Judgment
Outcome
application dismissed with modification
Legal Topics
Unfair Termination, Gross Negligence, Remedies for Unfair Dismissal
Source Language
English
Employment Law Labour Law Unfair Termination Gross Negligence Remedies for Unfair Dismissal

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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 fair
  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 was correct in finding the termination unfair, but erred in awarding 24 months' salary instead of the 12 months claimed. Relief is revised to 12 months' salary.

Court Disposition

application dismissed with modification

Orders

  • Award of 24 months' salary set aside and replaced with 12 months' salary as relief for unfair termination
  • Other reliefs granted by the Arbitrator confirmed