hellman worldwide logistics ltd vs deepak ashvin josh 2020 tzhcld 44 8 may 2020

hellman worldwide logistics ltd vs deepak ashvin josh 2020 tzhcld 44 8 may 2020

The respondent was punished twice for the same offence as the warning was still operative when the disciplinary hearing was called. There was no evidence of a new similar offence after the warning. The termination was procedurally unfair and the CMA award was proper.

Citation
hellman worldwide logistics ltd vs deepak ashvin josh 2020 tzhcld 44 8 may 2020
Parties
Applicant: Hellman Worldwide Logistics Ltd; Respondent: Deepak Ashvin Josh
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 May 2020
Procedural Posture
Labour Revision / Judgment on Revision From CMA Award
Outcome
Application dismissed
Legal Topics
Unfair Termination, Procedural Fairness, Employment Disciplinary Procedures
Source Language
English
Labour Law Unfair Termination Procedural Fairness Employment Disciplinary Procedures

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Parties

Hellman Worldwide Logistics Ltd

Applicant

Deepak Ashvin Josh

Respondent

Procedural Posture

Labour Revision / Judgment on Revision From CMA Award

Legal Issues

  1. 1 Whether the termination of the respondent's employment was procedurally fair
  2. 2 Whether the employer could initiate disciplinary proceedings for the same misconduct for which a warning was still operative

Ratio Decidendi

The respondent was punished twice for the same offence as the warning was still operative when the disciplinary hearing was called. There was no evidence of a new similar offence after the warning. The termination was procedurally unfair and the CMA award was proper.

Court Disposition

Application dismissed

Orders

  • CMA award upheld