jimsony security serivce vs joseph mdegela 2021 tzca 176 6 may 2021

jimsony security serivce vs joseph mdegela 2021 tzca 176 6 may 2021

The appeal fails because the employer did not serve the respondent with a formal charge, violating procedural fairness and natural justice, and failed to prove a valid reason for termination as required by law.

Citation
jimsony security serivce vs joseph mdegela 2021 tzca 176 6 may 2021
Parties
Appellant: Jimson Security Service; Respondent: Joseph Mdegela
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 May 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Unfair Termination, Procedural Fairness, Burden of Proof, Disciplinary Procedure
Source Language
English
Labour Law Employment Law Unfair Termination Procedural Fairness Burden of Proof Disciplinary Procedure

Case Brief

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Parties

Jimson Security Service

Appellant

Joseph Mdegela

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the award of TZS. 3,500,000.00 for unfair termination is justifiable and maintainable
  2. 2 Whether the respondent had a good reason for absence from work for more than five days
  3. 3 Whether the termination was procedurally fair

Ratio Decidendi

The appeal fails because the employer did not serve the respondent with a formal charge, violating procedural fairness and natural justice, and failed to prove a valid reason for termination as required by law.

Court Disposition

appeal dismissed

Orders

  • No order as to costs