faima siraji vs mbeya urban water and sewerage authority 2021 tzhc 9086 26 november 2021

faima siraji vs mbeya urban water and sewerage authority 2021 tzhc 9086 26 november 2021

The applicant was substantively unfairly terminated from a fixed term contract renewed by default. Compensation must be for the remaining unexpired period, not limited to 12 months. Reliefs for the sponsorship agreement are not tenable as they were not pleaded and would amount to double payment.

Source-derived case information.

Citation
faima siraji vs mbeya urban water and sewerage authority 2021 tzhc 9086 26 november 2021
Parties
Applicant: Faima Siraji; Respondent: Mbeya Urban Water and Sewerage Authority
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2021
Procedural Posture
Labour Revision / Final Ruling
Outcome
application granted in part
Legal Topics
Unfair Termination, Fixed Term Contract, Compensation, Probation Period, Contract Renewal
Source Language
english
Labour Law Unfair Termination Fixed Term Contract Compensation Probation Period Contract Renewal

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Parties

Faima Siraji

Applicant

Mbeya Urban Water and Sewerage Authority

Respondent

Procedural Posture

Labour Revision / Final Ruling

Legal Issues

  1. 1 Whether the arbitrator determined the issue of fairness of the reasons for termination
  2. 2 Whether it was proper for the arbitrator to make decision on an unresolved issue
  3. 3 Whether the arbitrator properly exercised discretion by awarding minimum compensation for unfair termination

Ratio Decidendi

The applicant was substantively unfairly terminated from a fixed term contract renewed by default. Compensation must be for the remaining unexpired period, not limited to 12 months. Reliefs for the sponsorship agreement are not tenable as they were not pleaded and would amount to double payment.

Court Disposition

application granted in part

Orders

  • Applicant awarded compensation for 34 months for unfair termination of fixed term contract
  • Other reliefs granted by CMA upheld: one month’s salary in lieu of notice, annual leave, subsistence allowance