20170703 TZHC Mbeya

The applicant failed to prove valid and timely reasons for termination; disciplinary action was delayed by one year, violating fair labour practice and statutory requirements. The respondent was a first offender and deserved a warning, not termination. The award of 48 months salary as compensation was justified, but general damages of 5,000,000/= lacked justification and were set aside.

Citation: 20170703 TZHC Mbeya
Parties: Applicant: Coca Cola Kwanza; Respondent: Hery Sanga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 July 2017
Procedural Posture: Labour Revision / Judgment
Outcome: application for revision partly succeeds
Legal Topics: Unfair Termination, Disciplinary Procedure, Compensation, General Damages
Source Language: English

Labour Law Unfair Termination Disciplinary Procedure Compensation General Damages

Case Brief

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Parties

Coca Cola Kwanza

Applicant

Hery Sanga

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the termination of the respondent was for a valid reason
2 Whether the termination was procedurally fair
3 What remedies are parties entitled to

Ratio Decidendi

Court Disposition

application for revision partly succeeds

Orders

Order for applicant to pay respondent 48 months salary as compensation
Order setting aside award of 5,000,000/= general damages