20151204 TZHC Dar es Salaam

20151204 TZHC Dar es Salaam

The strike was unlawful as it was a dispute of right, not interest, justifying substantive termination. However, the employer failed to provide sufficient proof that employees were properly notified and afforded the right to be heard before termination, rendering the process procedurally unfair. Relief was limited...

Source-derived case information.

Citation
20151204 TZHC Dar es Salaam
Parties
Applicant: Institute of Social Work; Respondents: Elia Kasalile and 20 others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2015
Procedural Posture
Labour Revision (consolidated) / Judgment
Outcome
Partly allowed for employer; employees' revision dismissed.
Legal Topics
Unfair Termination, Strike Law, Procedural Fairness, Substantive Fairness, Employment Disputes
Source Language
english
Labour Law Unfair Termination Strike Law Procedural Fairness Substantive Fairness Employment Disputes

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Parties

Institute of Social Work

Applicant

Elia Kasalile and 20 others

Respondents

Procedural Posture

Labour Revision (consolidated) / Judgment

Legal Issues

  1. 1 Whether the termination of the employees was substantively and procedurally fair
  2. 2 Whether the strike was lawful under Tanzanian labour law
  3. 3 Whether all employees were properly before the CMA

Ratio Decidendi

The strike was unlawful as it was a dispute of right, not interest, justifying substantive termination. However, the employer failed to provide sufficient proof that employees were properly notified and afforded the right to be heard before termination, rendering the process procedurally unfair. Relief was limited to four months' salary for each employee due to procedural unfairness.

Court Disposition

Partly allowed for employer; employees' revision dismissed.

Orders

  • CMA award of twelve months' salary set aside; four months' salary awarded to each employee for procedural unfairness.
  • Severance pay set aside as there was valid reason for termination (misconduct).