digital grid solution vsomary manywele 2021 tzhcld 60 19 march 2021

digital grid solution vsomary manywele 2021 tzhcld 60 19 march 2021

The respondent was a probationary employee not entitled to remedies for unfair termination. His absence without permission constituted misconduct, justifying termination. Reliefs granted by the arbitrator were erroneous and set aside. The respondent is only entitled to salary and allowances for days actually worked.

Citation
digital grid solution vsomary manywele 2021 tzhcld 60 19 march 2021
Parties
Applicant: Digital Grid Solution; Respondent: Omary Manywele
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 March 2021
Procedural Posture
Labour Revision / Judgment
Outcome
revision allowed
Legal Topics
Probationary Employment, Unfair Termination, Breach of Contract, Natural Justice, Employee Misconduct
Source Language
English
Labour Law Probationary Employment Unfair Termination Breach of Contract Natural Justice Employee Misconduct

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Parties

Digital Grid Solution

Applicant

Omary Manywele

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether a probationary employee is entitled to remedies for unfair termination under Tanzanian law
  2. 2 Whether the respondent was entitled to reliefs granted by the arbitrator despite being on probation
  3. 3 Whether the termination procedure for a probationary employee was followed

Ratio Decidendi

The respondent was a probationary employee not entitled to remedies for unfair termination. His absence without permission constituted misconduct, justifying termination. Reliefs granted by the arbitrator were erroneous and set aside. The respondent is only entitled to salary and allowances for days actually worked.

Court Disposition

revision allowed

Orders

  • Award of 4,125,000 Tshs quashed and set aside
  • Respondent entitled only to salary and fuel allowance for 12 days worked in March 2017