20170703 TZHC Mbeya2

20170703 TZHC Mbeya2

The court found the termination was substantively fair as the applicant was guilty of gross dishonesty, but procedurally unfair because the applicant was not given the required 48 hours to prepare a defence before the disciplinary hearing.

Source-derived case information.

Citation
20170703 TZHC Mbeya2
Parties
Applicant: Filbert Kafupi; Respondent: Coca Cola Kwanza Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 July 2017
Procedural Posture
Labour Revision / Judgment
Outcome
Partly allowed
Legal Topics
Unfair Termination, Procedural Fairness, Substantive Fairness, Employment Compensation
Source Language
english
Labour Law Unfair Termination Procedural Fairness Substantive Fairness Employment Compensation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Filbert Kafupi

Applicant

Coca Cola Kwanza Limited

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the termination of the applicant was substantively and procedurally fair
  2. 2 Whether the applicant is entitled to any reliefs

Ratio Decidendi

The court found the termination was substantively fair as the applicant was guilty of gross dishonesty, but procedurally unfair because the applicant was not given the required 48 hours to prepare a defence before the disciplinary hearing.

Court Disposition

Partly allowed

Orders

  • The decision of the CMA is revised to the extent that the termination was substantively fair but procedurally unfair.
  • The respondent is ordered to pay the applicant twelve (12) months remuneration as compensation for procedural unfairness.