diamond motors limited vs sheikha sei 2021 tzhcld 455 21 october 2021

diamond motors limited vs sheikha sei 2021 tzhcld 455 21 october 2021

The respondent did not resign as required under the employment contract and applicable law, nor did she follow the grievance procedures before filing the dispute. The evidence did not establish that the applicant made the work environment intolerable to the extent required for constructive termination. The arbitrator failed to properly consider the evidence and legal requirements for constructive termination. Therefore, the finding of constructive termination and the award in favour of the respondent were set aside.

Citation
diamond motors limited vs sheikha sei 2021 tzhcld 455 21 october 2021
Parties
Applicant: Diamond Motors Limited; Respondent: Sheikha Seif
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 October 2021
Procedural Posture
Labour Revision Application / Judgment on Revision of Arbitral Award
Outcome
Application allowed; arbitral award set aside.
Legal Topics
Constructive Termination, Unfair Termination, Employment Contract, Jurisdiction of CMA, Procedural Fairness
Source Language
English
Labour Law Constructive Termination Unfair Termination Employment Contract Jurisdiction of CMA Procedural Fairness

Case Brief

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Parties

Diamond Motors Limited

Applicant

Sheikha Seif

Respondent

Procedural Posture

Labour Revision Application / Judgment on Revision of Arbitral Award

Legal Issues

  1. 1 Whether the respondent was constructively terminated by the applicant
  2. 2 Whether the respondent complied with grievance procedures before filing the dispute
  3. 3 Whether the arbitral award was properly procured and within jurisdiction

Ratio Decidendi

The respondent did not resign as required under the employment contract and applicable law, nor did she follow the grievance procedures before filing the dispute. The evidence did not establish that the applicant made the work environment intolerable to the extent required for constructive termination. The arbitrator failed to properly consider the evidence and legal requirements for constructive termination. Therefore, the finding of constructive termination and the award in favour of the respondent were set aside.

Court Disposition

Application allowed; arbitral award set aside.

Orders

  • The application for revision is allowed.
  • The arbitral award in favour of the respondent is set aside.