20100329 TZHC Dar es Salaam

20100329 TZHC Dar es Salaam

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 both terminal benefits and 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
20100329 TZHC Dar es Salaam
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, Execution of Board Decisions, Variation of Decretal Sum
Source Language
English
Employment Law Civil Procedure Summary Dismissal Terminal Benefits Subsistence Allowance Execution of Board Decisions Variation of Decretal Sum

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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 is 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 both terminal benefits and 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

  • Appellant to be paid terminal benefits of Tshs. 126,666.70
  • Appellant to be paid subsistence allowance at Tshs. 7,000 per day from 30 January 2002 to 16 June 2003