enock paschal mbepera vs mfilis mbicu 1993 2023 tzhc 15669 23 february 2023
The applicant was not entitled to subsistence allowance as both recruitment and termination occurred in Mbinga. However, the applicant established on a balance of probability entitlement to arrears of salaries for January to August 1997, totaling TZs. 245,200, which were unpaid.
- Citation
- enock paschal mbepera vs mfilis mbicu 1993 2023 tzhc 15669 23 february 2023
- Parties
- Applicant: Enock Paschal Mbepera; Respondent: MFI LIS MBICU (1993) LTD
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2023
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Partly allowed
- Legal Topics
- Subsistence Allowance, Arrears of Salary, Burden of Proof, Employee Entitlements, Termination of Employment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Enock Paschal Mbepera
Applicant
MFI LIS MBICU (1993) LTD
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the applicant is entitled to subsistence allowance under section 43(1) of the Employment and Labour Relations Act
- 2 Whether the applicant is entitled to arrears of salaries for January to August 1997
Ratio Decidendi
The applicant was not entitled to subsistence allowance as both recruitment and termination occurred in Mbinga. However, the applicant established on a balance of probability entitlement to arrears of salaries for January to August 1997, totaling TZs. 245,200, which were unpaid.
Court Disposition
Partly allowed
Orders
- Award of CMA set aside regarding arrears of salaries for January to August 1997.
- Applicant to be paid TZs. 245,200 as arrears of salaries.
Full Case Text
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