desktop production ltd vsjoyce dionise katto 2020 tzhcld 408 9 october 2020

desktop production ltd vsjoyce dionise katto 2020 tzhcld 408 9 october 2020

There was no evidence to prove the dispute originated from Temeke; CMA Ilala had jurisdiction. The reason for termination was not valid as evidence showed respondent was assaulted, not the aggressor. Applicant failed to follow mandatory procedures for termination for misconduct. Respondent was entitled to...

Source-derived case information.

Citation
desktop production ltd vsjoyce dionise katto 2020 tzhcld 408 9 october 2020
Parties
Applicant: Desktop Production Ltd; Respondent: Joyce Dionise Katto
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 October 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Jurisdiction, Employment Contract, Compensation
Source Language
english
Labour Law Unfair Termination Jurisdiction Employment Contract Compensation

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Parties

Desktop Production Ltd

Applicant

Joyce Dionise Katto

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether CMA Ilala Office had territorial jurisdiction to entertain and determine the dispute
  2. 2 Whether the reason for termination of employment contract was valid and fair
  3. 3 Whether the procedure for termination was fair

Ratio Decidendi

There was no evidence to prove the dispute originated from Temeke; CMA Ilala had jurisdiction. The reason for termination was not valid as evidence showed respondent was assaulted, not the aggressor. Applicant failed to follow mandatory procedures for termination for misconduct. Respondent was entitled to compensation for the remaining period of her fixed term contract.

Court Disposition

Application dismissed

Orders

  • Commission Award upheld
  • Each party to bear own costs