heritage secondary school vs joyce fredy another 2024 tzhcld 5 16 february 2024

heritage secondary school vs joyce fredy another 2024 tzhcld 5 16 february 2024

There was no permanent written contract of employment between the parties as alleged by the Respondent. The confirmation letter did not constitute a contract, and no documentary evidence of a permanent contract was produced. Oral evidence could not supersede the lack of documentary proof. The Respondent refused to sign the offered contract, and the Applicant followed proper procedures in terminating the employment. The award of compensation for unfair termination was not justified.

Citation
heritage secondary school vs joyce fredy another 2024 tzhcld 5 16 february 2024
Parties
Applicant: Heritage Secondary School; 1st Respondent: Joyce Fred; 2nd Respondent: Elika Do Cosmas
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 February 2024
Procedural Posture
Application for Revision / Judgment
Outcome
Application allowed in part
Legal Topics
Unfair Termination, Employment Contracts, Evidence Law, Severance Pay
Source Language
English
Labour Law Unfair Termination Employment Contracts Evidence Law Severance Pay

Case Brief

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Parties

Heritage Secondary School

Applicant

Joyce Fred

1st Respondent

Elika Do Cosmas

2nd Respondent

Procedural Posture

Application for Revision / Judgment

Legal Issues

  1. 1 Whether there was a permanent written contract of employment between the Respondent and the Applicant
  2. 2 What were the terms and conditions of the alleged agreement
  3. 3 Whether termination of employment of the Respondent was unfair

Ratio Decidendi

There was no permanent written contract of employment between the parties as alleged by the Respondent. The confirmation letter did not constitute a contract, and no documentary evidence of a permanent contract was produced. Oral evidence could not supersede the lack of documentary proof. The Respondent refused to sign the offered contract, and the Applicant followed proper procedures in terminating the employment. The award of compensation for unfair termination was not justified.

Court Disposition

Application allowed in part

Orders

  • The payment of TZS 6,768,000 as compensation for unfair termination is quashed and set aside.
  • The award of severance pay is not disturbed.