doreen epaphradito massamu vs yetu microfinance bank ltd 2022 tzhcld 1101 13 december 2022

doreen epaphradito massamu vs yetu microfinance bank ltd 2022 tzhcld 1101 13 december 2022

Respondent made employment intolerable by denying salary for six months and access to office, and by requiring withdrawal of dispute as a condition for assignment of duties, amounting to constructive termination. Arbitrator erred in not recognizing this and in rejecting emails as evidence without proper foundation.

Citation
doreen epaphradito massamu vs yetu microfinance bank ltd 2022 tzhcld 1101 13 december 2022
Parties
Applicant: Doreen Epaphradito Massamu; Respondent: Yetu Microfinance Bank PLC
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 December 2022
Procedural Posture
Revision Application / Judgment
Outcome
application allowed
Legal Topics
Constructive Termination, Unfair Labour Practices, Admissibility of Electronic Evidence
Source Language
English
Labour Law Constructive Termination Unfair Labour Practices Admissibility of Electronic Evidence

Case Brief

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Parties

Doreen Epaphradito Massamu

Applicant

Yetu Microfinance Bank PLC

Respondent

Procedural Posture

Revision Application / Judgment

Legal Issues

  1. 1 Whether the respondent made employment intolerable leading to constructive termination
  2. 2 Whether the arbitrator erred in rejecting emails as evidence

Ratio Decidendi

Respondent made employment intolerable by denying salary for six months and access to office, and by requiring withdrawal of dispute as a condition for assignment of duties, amounting to constructive termination. Arbitrator erred in not recognizing this and in rejecting emails as evidence without proper foundation.

Court Disposition

application allowed

Orders

  • CMA award quashed and set aside
  • Applicant to be paid TZS 10,286,076/= for 12 months compensation, leave, severance, and notice