edna mduba upendo kisite vs rainbow colour paints 2022 tzhcld 983 6 october 2022

Unchallenged oral evidence of intolerable working conditions due to non-payment of salaries for three years constitutes constructive termination; documentary evidence is not mandatory. The arbitrator erred in dismissing the claim based solely on the absence of a resignation letter.

Citation: edna mduba upendo kisite vs rainbow colour paints 2022 tzhcld 983 6 october 2022
Parties: Applicant: Edna Mduba; Applicant: Upendo Kisite; Respondent: Rainbow Colour Paints
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 6 October 2022
Procedural Posture: Labour Revision / Judgment
Outcome: application for revision allowed; CMA award set aside
Legal Topics: Constructive Termination, Unfair Dismissal, Remedies for Unfair Termination
Source Language: English

Labour Law Constructive Termination Unfair Dismissal Remedies for Unfair Termination

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Edna Mduba

Applicant

Upendo Kisite

Applicant

Rainbow Colour Paints

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the applicants were constructively terminated by the respondent
2 Whether documentary evidence is required to prove constructive termination
3 Whether the applicants are entitled to remedies sought

Ratio Decidendi

Court Disposition

application for revision allowed; CMA award set aside

Orders

Applicants to be paid pending salaries for 3 years
Applicants to be paid annual leave for 3 years