Elimboto Samwel Itambu
The court found that the disciplinary procedures were not followed and the offences charged against the Applicant were not proved. Therefore, the termination was unfair and illegal.
- Citation
- Elimboto Samwel Itambu
- Parties
- Applicant: Elimboto Samwel Itambu; Respondent: WS Risk & Protective Services Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2022
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Revision allowed; CMA decision and orders quashed.
- Legal Topics
- Unfair Termination, Terminal Benefits, Compensation, Procedural Fairness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elimboto Samwel Itambu
Applicant
WS Risk & Protective Services Ltd
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the termination of the Applicant from employment was fair and justifiable
- 2 Whether the Applicant was paid his terminal benefits as required by law
Ratio Decidendi
The court found that the disciplinary procedures were not followed and the offences charged against the Applicant were not proved. Therefore, the termination was unfair and illegal.
Court Disposition
Revision allowed; CMA decision and orders quashed.
Orders
- Applicant to be paid statutory terminal benefits including transport costs according to the law.
- Applicant to be paid compensation of salaries from date of unlawful termination to date of legal payment of terminal benefits.
Full Case Text
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