fabrice ezaovi vs kobil tanzania limited 2023 tzca 176 5 april 2023

fabrice ezaovi vs kobil tanzania limited 2023 tzca 176 5 april 2023

The applicant failed to demonstrate any manifest error on the face of the record in the impugned judgment. The burden of proof in constructive dismissal claims lies on the employee to establish intolerability, not on the employer. Section 37(1)-(2) of the Employment and Labour Relations Act does not apply to constructive dismissal claims, which are governed by Rule 7 of the Code of Good Practice.

Citation
fabrice ezaovi vs kobil tanzania limited 2023 tzca 176 5 april 2023
Parties
Applicant: Fabrice Ezaovi; Respondent: Kobil Tanzania Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 April 2023
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed
Legal Topics
Constructive Dismissal, Burden of Proof, Review of Judgment, Unfair Termination
Source Language
English
Labour Law Employment Law Civil Procedure Constructive Dismissal Burden of Proof Review of Judgment Unfair Termination

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Parties

Fabrice Ezaovi

Applicant

Kobil Tanzania Limited

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal judgment contained manifest errors on the face of the record resulting in miscarriage of justice
  2. 2 Whether the burden of proof in constructive dismissal claims lies on the employee or employer under Tanzanian law

Ratio Decidendi

The applicant failed to demonstrate any manifest error on the face of the record in the impugned judgment. The burden of proof in constructive dismissal claims lies on the employee to establish intolerability, not on the employer. Section 37(1)-(2) of the Employment and Labour Relations Act does not apply to constructive dismissal claims, which are governed by Rule 7 of the Code of Good Practice.

Court Disposition

Application dismissed

Orders

  • No order as to costs