director rukohe enterprises vs january lichinga 2010 tzca 127 30 september 2010

director rukohe enterprises vs january lichinga 2010 tzca 127 30 september 2010

The respondent was an employee under the law, not a casual worker, and was entitled to wage arrears due to underpayment; the appellant failed to keep proper employment records, and the respondent's account of employment terms prevailed. The payment of court fees was contrary to the Act and must be refunded.

Citation
director rukohe enterprises vs january lichinga 2010 tzca 127 30 september 2010
Parties
Appellant: Director, Rukohe Enterprises; Respondent: January Lichinga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2010
Procedural Posture
Civil Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Employment Contract, Wage Arrears, Employee Status, Termination of Employment, Minimum Wage, Court Fees
Source Language
English
Employment Law Labour Law Employment Contract Wage Arrears Employee Status Termination of Employment Minimum Wage Court Fees

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Parties

Director, Rukohe Enterprises

Appellant

January Lichinga

Respondent

Procedural Posture

Civil Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the respondent was legally an employee of the appellant under the Employment Act, Cap. 366 (R.E. 2002)
  2. 2 Whether the respondent was entitled to wage arrears and terminal benefits
  3. 3 Whether the respondent abandoned employment or was terminated by the appellant

Ratio Decidendi

The respondent was an employee under the law, not a casual worker, and was entitled to wage arrears due to underpayment; the appellant failed to keep proper employment records, and the respondent's account of employment terms prevailed. The payment of court fees was contrary to the Act and must be refunded.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay respondent Tshs. 1,320,000 as wage arrears
  • Filing fees of Tshs. 30,000 (respondent) and Tshs. 3,500 (appellant) to be refunded