insight security limitedversus selina ndomba 2022 tzhcld 754 4 august 2022

insight security limitedversus selina ndomba 2022 tzhcld 754 4 august 2022

The court held that the disciplinary committee was not impartial because the Human Resource Manager performed multiple conflicting roles, violating Rule 13(4) and Guideline 4 of GN. No. 42 of 2007, and thus the termination was procedurally unfair.

Source-derived case information.

Citation
insight security limitedversus selina ndomba 2022 tzhcld 754 4 august 2022
Parties
Applicant: Insight Security Limited; Respondent: Selina Ndomba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 August 2022
Procedural Posture
Application for Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Procedural Fairness, Disciplinary Proceedings, Right to Appeal
Source Language
english
Labour Law Unfair Termination Procedural Fairness Disciplinary Proceedings Right to Appeal

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Parties

Insight Security Limited

Applicant

Selina Ndomba

Respondent

Procedural Posture

Application for Revision / Judgment

Legal Issues

  1. 1 Whether the disciplinary committee was impartial and properly constituted
  2. 2 Whether the respondent was afforded the right to appeal against termination
  3. 3 Whether the termination was procedurally fair

Ratio Decidendi

The court held that the disciplinary committee was not impartial because the Human Resource Manager performed multiple conflicting roles, violating Rule 13(4) and Guideline 4 of GN. No. 42 of 2007, and thus the termination was procedurally unfair.

Court Disposition

Application dismissed

Orders

  • CMA award upheld
  • Each party to bear their own costs