g4s secure solutions t limited vs celina apiyo odemba 2022 tzhcld 793 25 august 2022

g4s secure solutions t limited vs celina apiyo odemba 2022 tzhcld 793 25 august 2022

There was an automatic extension of the contract for one month due to the conduct of the parties, but since the last contract was for one month only, the respondent is entitled to payment for the unexpired term of one month, not 12 months' salary. Remedies for unfair termination do not apply to contracts of less than six months.

Citation
g4s secure solutions t limited vs celina apiyo odemba 2022 tzhcld 793 25 august 2022
Parties
Applicant: G4S Secure Solutions (T) Limited; Respondent: Celina Apiyo Odemda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 August 2022
Procedural Posture
Labour Revision / Judgment on Revision
Outcome
application partly allowed
Legal Topics
Fixed Term Contract, Expectation of Renewal, Unfair Termination, Remedies for Breach of Contract
Source Language
English
Labour Law Fixed Term Contract Expectation of Renewal Unfair Termination Remedies for Breach of Contract

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 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

G4S Secure Solutions (T) Limited

Applicant

Celina Apiyo Odemda

Respondent

Procedural Posture

Labour Revision / Judgment on Revision

Legal Issues

  1. 1 Whether there was a reasonable expectation of renewal of the fixed term contract
  2. 2 Whether the termination constituted unfair termination under the law
  3. 3 Whether the remedies awarded by the CMA were proper

Ratio Decidendi

There was an automatic extension of the contract for one month due to the conduct of the parties, but since the last contract was for one month only, the respondent is entitled to payment for the unexpired term of one month, not 12 months' salary. Remedies for unfair termination do not apply to contracts of less than six months.

Court Disposition

application partly allowed

Orders

  • Award of 12 months' salary set aside
  • Respondent to be paid one month salary as unexpired term