cocacola kwanza ltd vs ligoha mabada 2021 tzhcld 458 5 november 2021

cocacola kwanza ltd vs ligoha mabada 2021 tzhcld 458 5 november 2021

The applicant failed to prove that the respondent was responsible for physical stock counting or that he neglected his duties. There was insufficient evidence to establish valid and fair reason for termination. The employer did not provide a job description at the relevant time, and key evidence and witnesses were...

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Citation
cocacola kwanza ltd vs ligoha mabada 2021 tzhcld 458 5 november 2021
Parties
Applicant: Cocacola Kwanza Ltd; Respondent: Ligoha Mabada
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 November 2021
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Burden of Proof in Employment Disputes, Job Description Requirements, Reinstatement and Compensation
Source Language
english
Labour Law Unfair Termination Burden of Proof in Employment Disputes Job Description Requirements Reinstatement and Compensation

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Parties

Cocacola Kwanza Ltd

Applicant

Ligoha Mabada

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether there was valid and fair reason for termination of the respondent's employment
  2. 2 Whether the reliefs granted in the award of the CMA are justifiable

Ratio Decidendi

The applicant failed to prove that the respondent was responsible for physical stock counting or that he neglected his duties. There was insufficient evidence to establish valid and fair reason for termination. The employer did not provide a job description at the relevant time, and key evidence and witnesses were lacking. Therefore, the termination was unfair and the CMA's award stands.

Court Disposition

Application dismissed

Orders

  • Award of the CMA confirmed
  • Respondent to be reinstated and paid unpaid salaries totaling TZS 29,295,000