edwin kikwasi vs westgate girls secondary school another 2022 tzhcld 675 15 july 2022

edwin kikwasi vs westgate girls secondary school another 2022 tzhcld 675 15 july 2022

The applicant was terminated during probation after extension was communicated and was not confirmed. The complaint at CMA was for unfair termination and compensation for the unexpired contract period, not for unfair labour practices relating to probation. Since the applicant was not confirmed and was terminated during probation, he is not entitled to compensation for the remaining contract period or reliefs for unfair termination. The arbitrator's award is upheld.

Citation
edwin kikwasi vs westgate girls secondary school another 2022 tzhcld 675 15 july 2022
Parties
Applicant: Edwin Kikwasi; 1st Respondent: West Gate Girls Secondary School; 2nd Respondent: Kibaha Holdings Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 July 2022
Procedural Posture
Labour Revision / Judgment
Outcome
application dismissed
Legal Topics
Termination During Probation, Fixed Term Contract, Compensation for Breach of Contract, Procedural Fairness in Termination
Source Language
English
Labour Law Termination During Probation Fixed Term Contract Compensation for Breach of Contract Procedural Fairness in Termination

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Parties

Edwin Kikwasi

Applicant

West Gate Girls Secondary School

1st Respondent

Kibaha Holdings Limited

2nd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant was unfairly terminated during probation
  2. 2 Whether the applicant is entitled to compensation for the unexpired term of the contract
  3. 3 Whether procedural and substantive fairness requirements were met in the termination

Ratio Decidendi

The applicant was terminated during probation after extension was communicated and was not confirmed. The complaint at CMA was for unfair termination and compensation for the unexpired contract period, not for unfair labour practices relating to probation. Since the applicant was not confirmed and was terminated during probation, he is not entitled to compensation for the remaining contract period or reliefs for unfair termination. The arbitrator's award is upheld.

Court Disposition

application dismissed

Orders

  • CMA award upheld
  • No compensation or relief granted to applicant