elizabeth silayo vs halmashauri ya manispaa ya morogoro 2020 tzhcld 3821 8 december 2020

elizabeth silayo vs halmashauri ya manispaa ya morogoro 2020 tzhcld 3821 8 december 2020

Applicant worked as secretary under circumstances that establish employer-employee relationship for three years only; respondent vicariously liable for acts of ward committee; applicant entitled to minimum wage for three years less allowances received; claims for earlier years barred by limitation; certificate of service to be issued by respondent.

Citation
elizabeth silayo vs halmashauri ya manispaa ya morogoro 2020 tzhcld 3821 8 december 2020
Parties
Applicant: Elizabeth Silayo; Respondent: Halmasauri ya Manispaa Morogoro
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 December 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Revision allowed in part
Legal Topics
Employment Contract, Employer Employee Relationship, Remuneration, Certificate of Service, Limitation of Claims
Source Language
English
Labour Law Employment Law Employment Contract Employer Employee Relationship Remuneration Certificate of Service Limitation of Claims

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Parties

Elizabeth Silayo

Applicant

Halmasauri ya Manispaa Morogoro

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether an employer-employee relationship existed between applicant and respondent
  2. 2 Whether applicant is entitled to salary and other benefits
  3. 3 Whether applicant is entitled to certificate of service

Ratio Decidendi

Applicant worked as secretary under circumstances that establish employer-employee relationship for three years only; respondent vicariously liable for acts of ward committee; applicant entitled to minimum wage for three years less allowances received; claims for earlier years barred by limitation; certificate of service to be issued by respondent.

Court Disposition

Revision allowed in part

Orders

  • Respondent to pay applicant minimum wage for three years (2013, 2014, 2015) less allowances received
  • Respondent to issue certificate of service recognizing applicant's work as secretary of Kihonda Ward Tribunal