20100329 TZHC Dar es Salaam

20100329 TZHC Dar es Salaam

The trial Magistrate erred in varying the terminal benefits without clear reasons and in failing to enforce the Labour Conciliation Board's decision as rendered. The appellant is entitled to the full terminal benefits and to subsistence allowance from the date of dismissal to the date of the Board's decision, calculated at a reduced daily rate.

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
Termination of Employment, Enforcement of Labor Board Decisions, Subsistence Allowance, Variation of Decretal Sums
Source Language
English
Employment Law Civil Procedure Termination of Employment Enforcement of Labor Board Decisions Subsistence Allowance Variation of Decretal Sums

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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 without clear reasons and in failing to enforce the Labour Conciliation Board's decision as rendered. The appellant is entitled to the full terminal benefits and to subsistence allowance from the date of dismissal to the date of the Board's decision, calculated at a reduced daily rate.

Court Disposition

appeal allowed with costs

Orders

  • The appeal is allowed with costs.
  • The appellant is entitled to terminal benefits as originally awarded by the Labour Conciliation Board.