ismail kihula vs shield security 2018 tzhcld 6 17 august 2018

ismail kihula vs shield security 2018 tzhcld 6 17 august 2018

The applicant's termination was both substantively and procedurally unfair as the employer failed to prove valid reasons and did not follow fair procedure, entitling the applicant to compensation for the remaining contract period, notice pay, leave pay, and certificate of service.

Citation
ismail kihula vs shield security 2018 tzhcld 6 17 august 2018
Parties
Applicant: Ismail Kihula; Respondent: Shield Security
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2018
Procedural Posture
Labour Revision / Judgment
Outcome
Application allowed to the extent elaborated in the judgment.
Legal Topics
Unfair Termination, Employment Contract, Procedural Fairness, Remedies for Unfair Dismissal
Source Language
English
Labour Law Unfair Termination Employment Contract Procedural Fairness Remedies for Unfair Dismissal

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Parties

Ismail Kihula

Applicant

Shield Security

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant's termination was based on valid reasons and followed fair procedure
  2. 2 Whether the remedies awarded by the CMA were justifiable

Ratio Decidendi

The applicant's termination was both substantively and procedurally unfair as the employer failed to prove valid reasons and did not follow fair procedure, entitling the applicant to compensation for the remaining contract period, notice pay, leave pay, and certificate of service.

Court Disposition

Application allowed to the extent elaborated in the judgment.

Orders

  • Applicant entitled to compensation for remaining contract period (10 days salary), one month notice pay, annual leave pay, and certificate of service.
  • PPF contribution claim not determined; applicant to seek other avenues.