geofrey christopher 2 others vs zhong junjun hong security services ltd 2022 tzhcld 874 8 september 2022

geofrey christopher 2 others vs zhong junjun hong security services ltd 2022 tzhcld 874 8 september 2022

Applicants were unfairly terminated before expiry of fixed term contracts without valid reasons or fair procedure; employer failed to prove fairness of termination as required by law.

Citation
geofrey christopher 2 others vs zhong junjun hong security services ltd 2022 tzhcld 874 8 september 2022
Parties
Applicant: Geofrey Christopher; Applicant: Daudi Tandila; Applicant: Magnus Cosmas; Respondent: Zhong Junjun Hong Security Services Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 September 2022
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed; CMA award quashed and set aside.
Legal Topics
Unfair Termination, Fixed Term Contract, Breach of Employment Contract, Compensation for Unfair Termination
Source Language
English
Labour Law Unfair Termination Fixed Term Contract Breach of Employment Contract Compensation for Unfair Termination

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Parties

Geofrey Christopher

Applicant

Daudi Tandila

Applicant

Magnus Cosmas

Applicant

Zhong Junjun Hong Security Services Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the disciplinary reasons given by the arbitrator constitute sufficient for fair termination of the applicants' employment
  2. 2 Whether the arbitrator erred in law and facts by providing arbitral award in favour of respondent who did not appear to defend the claims
  3. 3 Whether the Commission erred in law and facts by ignoring applicants' arguments and evidence about unfair termination and breach of contract

Ratio Decidendi

Applicants were unfairly terminated before expiry of fixed term contracts without valid reasons or fair procedure; employer failed to prove fairness of termination as required by law.

Court Disposition

Application allowed; CMA award quashed and set aside.

Orders

  • CMA proceedings revised and award quashed
  • Respondent to pay each applicant remuneration for remaining months in their respective fixed term contracts