20130730 TZCA Dar es Salaam
The disciplinary proceedings were vitiated by the Chairperson's involvement at all stages and the failure to afford the appellant the right to be heard at the inquiry stage, both amounting to breaches of natural justice and statutory requirements.
- Citation
- 20130730 TZCA Dar es Salaam
- Parties
- Appellant: Hamisi Jonathan John Mayage; Respondent: Board of External Trade
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 July 2013
- Procedural Posture
- Civil Appeal / Appeal From High Court Labour Division Ruling
- Outcome
- Appeal allowed
- Legal Topics
- Unfair Termination, Natural Justice, Disciplinary Proceedings, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hamisi Jonathan John Mayage
Appellant
Board of External Trade
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Labour Division Ruling
Legal Issues
- 1 Whether the appellant was denied the opportunity to be heard before termination
- 2 Whether the disciplinary procedures used were proper and fair
- 3 Whether the involvement of the Board Chairperson violated principles of natural justice
Ratio Decidendi
The disciplinary proceedings were vitiated by the Chairperson's involvement at all stages and the failure to afford the appellant the right to be heard at the inquiry stage, both amounting to breaches of natural justice and statutory requirements.
Court Disposition
Appeal allowed
Orders
- Decisions of the disciplinary proceedings before Board of External Trade and the High Court Labour Division quashed and set aside
- Disciplinary proceedings to be conducted afresh according to law before the Board of External Trade
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