20131115 TZHC Dar es Salaam

20131115 TZHC Dar es Salaam

The applicant's act of sleeping while on duty constituted misconduct, but the termination was procedurally unfair as the respondent failed to follow proper disciplinary procedures before termination. Compensation was denied due to the applicant's misconduct.

Citation
20131115 TZHC Dar es Salaam
Parties
Applicant: Isack Wangare; Respondent: Knight Support
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2013
Procedural Posture
Labour Revision / Judgment
Outcome
Application partly allowed
Legal Topics
Unfair Termination, Misconduct, Disciplinary Procedures, Employee Compensation
Source Language
English
Labour Law Unfair Termination Misconduct Disciplinary Procedures Employee Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Isack Wangare

Applicant

Knight Support

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant's act of sleeping while on duty amounted to misconduct
  2. 2 Whether the applicant was lawfully terminated
  3. 3 What reliefs are entitled to each party

Ratio Decidendi

The applicant's act of sleeping while on duty constituted misconduct, but the termination was procedurally unfair as the respondent failed to follow proper disciplinary procedures before termination. Compensation was denied due to the applicant's misconduct.

Court Disposition

Application partly allowed

Orders

  • Respondent to pay applicant four days' unpaid salary before termination
  • Respondent to pay applicant leave entitlements for the final year of employment