constantine f masali vs gema security services 2010 tzhc 416 29 march 2010

constantine f masali vs gema security services 2010 tzhc 416 29 march 2010

The trial Magistrate erred in varying the terminal benefits awarded by the Labour Conciliation Board without clear reasons and in failing to enforce the Board's decision regarding subsistence allowance. The appellant is entitled to the full terminal benefits and a reasonable subsistence allowance from the date of dismissal to the date of the Board's decision.

Citation
constantine f masali vs gema security services 2010 tzhc 416 29 march 2010
Parties
Appellant: Constantine F. Masali; Respondent: Gema Security Services
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 March 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed with costs
Legal Topics
Summary Dismissal, Terminal Benefits, Subsistence Allowance, Enforcement of Labor Board Decisions, Variation of Decretal Sum
Source Language
English
Employment Law Civil Procedure Summary Dismissal Terminal Benefits Subsistence Allowance Enforcement of Labor Board Decisions Variation of Decretal Sum

Case Brief

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Parties

Constantine F. Masali

Appellant

Gema Security Services

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial Magistrate erred in entertaining and granting the application to vary the decretal sum claimed by the appellant
  2. 2 Whether the appellant was entitled to subsistence allowance as part of terminal benefits

Ratio Decidendi

The trial Magistrate erred in varying the terminal benefits awarded by the Labour Conciliation Board without clear reasons and in failing to enforce the Board's decision regarding subsistence allowance. The appellant is entitled to the full terminal benefits and a reasonable subsistence allowance from the date of dismissal to the date of the Board's decision.

Court Disposition

appeal allowed with costs

Orders

  • Respondent to pay appellant terminal benefits of Tshs. 126,666.70
  • Respondent to pay appellant subsistence allowance at Tshs. 7,000 per day from 30/1/2002 to 16/6/2003