hamisi mohamed bakari vs delfina eco tourism promotions limited 2022 tzhcld 1088 16 november 2022

hamisi mohamed bakari vs delfina eco tourism promotions limited 2022 tzhcld 1088 16 november 2022

Although valid reasons for termination existed, the respondent failed to follow proper disciplinary procedures, specifically the requirement for investigation prior to convening a disciplinary hearing. Therefore, the applicant is entitled to compensation for procedural breach.

Source-derived case information.

Citation
hamisi mohamed bakari vs delfina eco tourism promotions limited 2022 tzhcld 1088 16 november 2022
Parties
Applicant: Hamisi Mohamed Bakari; Respondent: Delfina Eco Tourism Promotions Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 November 2022
Procedural Posture
Labour Revision / Judgment
Outcome
partly allowed
Legal Topics
Termination of Employment, Employment Contract, Disciplinary Procedure, Natural Justice
Source Language
en
Labour Law Termination of Employment Employment Contract Disciplinary Procedure Natural Justice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hamisi Mohamed Bakari

Applicant

Delfina Eco Tourism Promotions Limited

Respondent

Procedural Posture

Labour Revision / Judgment

  1. 1 Whether the applicant's contract was fixed-term or permanent
  2. 2 Whether there were valid reasons for termination
  3. 3 Whether proper procedures for termination were followed

Ratio Decidendi

Although valid reasons for termination existed, the respondent failed to follow proper disciplinary procedures, specifically the requirement for investigation prior to convening a disciplinary hearing. Therefore, the applicant is entitled to compensation for procedural breach.

Court Disposition

partly allowed

Orders

  • Respondent to pay applicant compensation equivalent to three months' salary, totaling TZS 604,500.00
  • Each party to bear its own costs