impala warehousing and logistics tz ltd vs samwel kayombo and 3 others 2021 tzhcld 406 22 october 2021

impala warehousing and logistics tz ltd vs samwel kayombo and 3 others 2021 tzhcld 406 22 october 2021

The applicant failed to prove that the respondents disclosed confidential information or committed gross insubordination justifying termination. The arbitrator properly analysed the evidence and correctly found the termination to be substantively unfair.

Citation
impala warehousing and logistics tz ltd vs samwel kayombo and 3 others 2021 tzhcld 406 22 october 2021
Parties
Applicant: Impala Warehousing and Logistics (TZ) Ltd; Respondents: Samwel Kayombo & 3 Others
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 October 2021
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Confidentiality in Employment, Burden of Proof, Freedom of Expression, Strike Rights
Source Language
English
Labour Law Unfair Termination Confidentiality in Employment Burden of Proof Freedom of Expression Strike Rights

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Parties

Impala Warehousing and Logistics (TZ) Ltd

Applicant

Samwel Kayombo & 3 Others

Respondents

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the arbitrator properly analysed the evidence to conclude that the respondents' termination was unfair
  2. 2 Whether the respondents breached confidentiality or committed gross insubordination justifying termination

Ratio Decidendi

The applicant failed to prove that the respondents disclosed confidential information or committed gross insubordination justifying termination. The arbitrator properly analysed the evidence and correctly found the termination to be substantively unfair.

Court Disposition

Application dismissed

Orders

  • The application for revision is dismissed in its entirety for want of merit.