crdb bank plc vs dina phip 2023 tzhcld 1468 13 october 2023
The respondent's termination was unfair both substantively and procedurally, as the reason for absence was religious observance, a constitutional right, and the employer failed to accommodate her despite prior tolerance. The procedure was violated by issuing the termination letter before the appeal outcome....
Source-derived case information.
- Citation
- crdb bank plc vs dina phip 2023 tzhcld 1468 13 october 2023
- Parties
- Applicant: CRDB Bank PLC; Respondent: Dina Philip
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 13 October 2023
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- application dismissed
- Legal Topics
- Unfair Termination, Religious Discrimination, Procedural Fairness, Remedies for Unfair Dismissal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
CRDB Bank PLC
Applicant
Dina Philip
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the termination of the respondent was substantively and procedurally fair
- 2 Whether the remedy of reinstatement was appropriate
Ratio Decidendi
The respondent's termination was unfair both substantively and procedurally, as the reason for absence was religious observance, a constitutional right, and the employer failed to accommodate her despite prior tolerance. The procedure was violated by issuing the termination letter before the appeal outcome. Reinstatement was the appropriate remedy given the respondent's right to work and lack of objection to the relief sought.
Court Disposition
application dismissed
Orders
- CMA award upheld
- No order as to costs
Full Case Text
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