francisco boniphace kashangaki vs global packaging t ltd 2022 tzhcld 28 18 february 2022

francisco boniphace kashangaki vs global packaging t ltd 2022 tzhcld 28 18 february 2022

There was no valid evidence proving the applicant's gross negligence or violation of a clear company policy, and the respondent failed to prove the existence or clarity of the policy allegedly breached. The evidence relied upon by the respondent was either hearsay or improperly admitted. Both parties shared a duty of care regarding the vehicle's mechanical defects. The termination was therefore substantively unfair.

Citation
francisco boniphace kashangaki vs global packaging t ltd 2022 tzhcld 28 18 february 2022
Parties
Applicant: Fransisco Boniphace Kashangaki; Respondent: Global Packaging (T) Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
18 February 2022
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed; CMA award quashed and set aside.
Legal Topics
Unfair Termination, Gross Negligence, Procedural Fairness, Employment Contract
Source Language
English
Labour Law Unfair Termination Gross Negligence Procedural Fairness Employment Contract

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Parties

Fransisco Boniphace Kashangaki

Applicant

Global Packaging (T) Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the termination of the applicant's employment was substantively and procedurally fair
  2. 2 Whether there was valid reason for termination based on gross negligence and carrying a co-employee without permission
  3. 3 Whether the disciplinary proceedings were conducted fairly

Ratio Decidendi

There was no valid evidence proving the applicant's gross negligence or violation of a clear company policy, and the respondent failed to prove the existence or clarity of the policy allegedly breached. The evidence relied upon by the respondent was either hearsay or improperly admitted. Both parties shared a duty of care regarding the vehicle's mechanical defects. The termination was therefore substantively unfair.

Court Disposition

Application allowed; CMA award quashed and set aside.

Orders

  • Respondent to pay applicant TZS 2,100,000 as salary for unexpired contract period.
  • Respondent to pay applicant TZS 350,000 as one-month salary in lieu of notice.