cogsnet technologies co ltd vs daudi norbert kabadi 2023 tzhcld 1461 13 october 2023

cogsnet technologies co ltd vs daudi norbert kabadi 2023 tzhcld 1461 13 october 2023

No evidence was admitted to establish automatic renewal or continued employment after expiry of the fixed term contract; the arbitrator erred by relying on inadmissible documents and assumptions; the respondent was not entitled to compensation as he was not an employee after contract expiry.

Citation
cogsnet technologies co ltd vs daudi norbert kabadi 2023 tzhcld 1461 13 october 2023
Parties
Applicant: Cogsnet Technologies Co. Ltd; Respondent: Daudi Norbert Kabadi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 October 2023
Procedural Posture
Labour Revision / Judgment
Outcome
application allowed
Legal Topics
Fixed Term Contract, Automatic Renewal, Admissibility of Evidence, Burden of Proof
Source Language
English
Labour Law Fixed Term Contract Automatic Renewal Admissibility of Evidence Burden of Proof

Case Brief

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Parties

Cogsnet Technologies Co. Ltd

Applicant

Daudi Norbert Kabadi

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether a document not admitted forms part of evidence
  2. 2 Whether the respondent's contract of employment was automatically renewed entitling him to compensation for breach

Ratio Decidendi

No evidence was admitted to establish automatic renewal or continued employment after expiry of the fixed term contract; the arbitrator erred by relying on inadmissible documents and assumptions; the respondent was not entitled to compensation as he was not an employee after contract expiry.

Court Disposition

application allowed

Orders

  • CMA award quashed and set aside
  • No order as to costs