ecobank t ltd vs stephen rocky 2022 tzhcld 941 9 september 2022

ecobank t ltd vs stephen rocky 2022 tzhcld 941 9 september 2022

The court held that the termination of the respondent was substantively fair as the respondent breached trading limits and continued to trade without approval after his limits were revoked, but the termination was procedurally unfair because the employer failed to adduce evidence at the disciplinary hearing as required by law. The respondent was therefore entitled to compensation for procedural unfairness only, not for substantive unfairness.

Citation
ecobank t ltd vs stephen rocky 2022 tzhcld 941 9 september 2022
Parties
Applicant: Ecobank (T) Limited; Respondent: Stephen Rocky
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
9 September 2022
Procedural Posture
Labour Revision / Judgment on Application for Revision of Arbitral Award
Outcome
Application partly allowed; arbitral award revised.
Legal Topics
Unfair Termination, Procedural Fairness, Substantive Fairness, Employment Contracts, Disciplinary Procedures
Source Language
English
Labour Law Unfair Termination Procedural Fairness Substantive Fairness Employment Contracts Disciplinary Procedures

Case Brief

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Parties

Ecobank (T) Limited

Applicant

Stephen Rocky

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of Arbitral Award

Legal Issues

  1. 1 Whether the termination of the respondent was substantively and/or procedurally unfair
  2. 2 Whether the respondent was entitled to compensation for unfair termination
  3. 3 Whether the employer was required to serve the investigation report to the employee prior to disciplinary hearing

Ratio Decidendi

The court held that the termination of the respondent was substantively fair as the respondent breached trading limits and continued to trade without approval after his limits were revoked, but the termination was procedurally unfair because the employer failed to adduce evidence at the disciplinary hearing as required by law. The respondent was therefore entitled to compensation for procedural unfairness only, not for substantive unfairness.

Court Disposition

Application partly allowed; arbitral award revised.

Orders

  • Respondent to be paid TZS 36,328,000/= as four months' salary compensation for procedural unfairness.
  • Award of 24 months' salary compensation set aside.