five star printers limited vs keneth lusekela another 2022 tzhcld 829 2 september 2022

five star printers limited vs keneth lusekela another 2022 tzhcld 829 2 september 2022

Continued employment after expiry of fixed term contract constituted renewal by default; termination without proper procedure amounted to unfair termination; applicant's arguments on right to be heard and evidence evaluation were unfounded.

Citation
five star printers limited vs keneth lusekela another 2022 tzhcld 829 2 september 2022
Parties
Applicant: Five Star Printers Limited; Respondents: Keneth Lusekela & Another
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 September 2022
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Fixed Term Contract, Unfair Termination, Renewal by Default, Right to Be Heard
Source Language
English
Labour Law Fixed Term Contract Unfair Termination Renewal by Default Right to Be Heard

Case Brief

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Five Star Printers Limited

Applicant

Keneth Lusekela & Another

Respondents

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant was afforded the right to be heard
  2. 2 Whether the arbitrator erred in finding unfair termination in a contract which had already expired
  3. 3 Whether the arbitrator failed to consider and evaluate the evidence tendered

Ratio Decidendi

Continued employment after expiry of fixed term contract constituted renewal by default; termination without proper procedure amounted to unfair termination; applicant's arguments on right to be heard and evidence evaluation were unfounded.

Court Disposition

Application dismissed

Orders

  • Decision of CMA upheld
  • No order as to costs