flavio ndesanjo vs serengeti breweries ltd 2023 tzca 17665 27 september 2023
The CMA assigned legally acceptable reasons for awarding compensation beyond the minimum, but the quantum was excessive. An award of 24 months' salaries is fair and appropriate given the circumstances.
- Citation
- flavio ndesanjo vs serengeti breweries ltd 2023 tzca 17665 27 september 2023
- Parties
- Appellant: Flavio Ndesan30; Respondent: Serengeti Breweries Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 September 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Unfair Termination, Compensation, Arbitral Award, Judicial Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Parties
Flavio Ndesan30
Appellant
Serengeti Breweries Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Labour Court was justified in reducing compensation for unfair termination from 150 months' salaries to 12 months' salaries
- 2 Whether nominal damages were properly quashed
Ratio Decidendi
The CMA assigned legally acceptable reasons for awarding compensation beyond the minimum, but the quantum was excessive. An award of 24 months' salaries is fair and appropriate given the circumstances.
Court Disposition
appeal allowed in part
Orders
- Decree of the Labour Court in relation to compensation for unfair termination quashed and set aside
- Award substituted with compensation equal to 24 months' salaries
Full Case Text
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