david jibo vs precision air service plc 2021 tzhcld 237 30 june 2021

david jibo vs precision air service plc 2021 tzhcld 237 30 june 2021

The employee's contract was a fixed term contract with no evidence of renewal or reasonable expectation of renewal. The arbitrator erred in awarding for unfair termination and then for breach of contract, but the evidence showed the employer breached the contract by terminating before expiry without sufficient cause. The employee is entitled to salary for the remaining period of the contract. The dispute was not prematurely filed at CMA as the employee was not given the opportunity to appeal internally due to the employer's inaction.

Citation
david jibo vs precision air service plc 2021 tzhcld 237 30 june 2021
Parties
Applicant/respondent: Precision Air Service PLC; Applicant/respondent: David Jibo
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Labour Revision (consolidated) / Judgment After Hearing Consolidated Revision Applications
Outcome
Consolidated application dismissed; CMA award upheld.
Legal Topics
Unfair Termination, Fixed Term Employment Contract, Breach of Contract, Jurisdiction of CMA, Remedies for Termination
Source Language
English
Labour Law Unfair Termination Fixed Term Employment Contract Breach of Contract Jurisdiction of CMA Remedies for Termination

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Parties

Precision Air Service PLC

Applicant/respondent

David Jibo

Applicant/respondent

Procedural Posture

Labour Revision (consolidated) / Judgment After Hearing Consolidated Revision Applications

Legal Issues

  1. 1 Whether the employee's contract was for a specific period and if there was a reasonable expectation of renewal
  2. 2 Whether the arbitrator was correct in finding unfair termination and awarding for breach of contract
  3. 3 Whether the dispute before the CMA was prematurely filed

Ratio Decidendi

The employee's contract was a fixed term contract with no evidence of renewal or reasonable expectation of renewal. The arbitrator erred in awarding for unfair termination and then for breach of contract, but the evidence showed the employer breached the contract by terminating before expiry without sufficient cause. The employee is entitled to salary for the remaining period of the contract. The dispute was not prematurely filed at CMA as the employee was not given the opportunity to appeal internally due to the employer's inaction.

Court Disposition

Consolidated application dismissed; CMA award upheld.

Orders

  • Employee entitled to remaining months' salary as per contract.
  • Employee entitled to any other statutory benefits if not paid.