g4s solutions t ltd vs janetrice evarist kessy 2022 tzhcld 608 17 june 2022

g4s solutions t ltd vs janetrice evarist kessy 2022 tzhcld 608 17 june 2022

The respondent's employment was unfairly terminated as she was notified of the end of contract after automatic renewal and after having worked for four days into the new term; the employer failed to prove the alleged lower salary, justifying the arbitrator's reliance on the higher figure.

Source-derived case information.

Citation
g4s solutions t ltd vs janetrice evarist kessy 2022 tzhcld 608 17 june 2022
Parties
Applicant: G4S Secure Solutions (T) Ltd; Respondent: Janetrice Evarist Kessy
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 June 2022
Procedural Posture
Labour Revision / Judgment
Outcome
application dismissed
Legal Topics
Unfair Termination, Fixed Term Contract, Automatic Contract Renewal, Burden of Proof, Salary Determination
Source Language
english
Labour Law Unfair Termination Fixed Term Contract Automatic Contract Renewal Burden of Proof Salary Determination

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Parties

G4S Secure Solutions (T) Ltd

Applicant

Janetrice Evarist Kessy

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the termination of the respondent's employment was unfair
  2. 2 Whether the arbitrator erred in law and fact in assessing the evidence and determining the respondent's salary

Ratio Decidendi

The respondent's employment was unfairly terminated as she was notified of the end of contract after automatic renewal and after having worked for four days into the new term; the employer failed to prove the alleged lower salary, justifying the arbitrator's reliance on the higher figure.

Court Disposition

application dismissed

Orders

  • CMA award upheld
  • Applicant to pay respondent TZS 3,545,100 as awarded by the arbitrator