jonas nehemia makali vs thomas sec school 2021 tzhcld 9 26 february 2021
Applicant is entitled to unpaid salary, annual leave, transport allowance, and severance pay as per Section 44 of the Act, having voluntarily retired after twelve years of service. Arbitrator's award was quashed for failure to grant these entitlements.
- Citation
- jonas nehemia makali vs thomas sec school 2021 tzhcld 9 26 february 2021
- Parties
- Applicant: Jonas Nehemia Makali; Respondent: Thomas Secondary School
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 February 2021
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- revision allowed
- Legal Topics
- Termination Benefits, Severance Pay, Unpaid Salary, Annual Leave, Transport Allowance, Voluntary Retirement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jonas Nehemia Makali
Applicant
Thomas Secondary School
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the applicant is entitled to severance pay upon voluntary retirement
- 2 Whether the applicant is entitled to unpaid salaries and leaves
- 3 Whether the arbitrator erred by disregarding evidence of respondent's admission of claims
Ratio Decidendi
Applicant is entitled to unpaid salary, annual leave, transport allowance, and severance pay as per Section 44 of the Act, having voluntarily retired after twelve years of service. Arbitrator's award was quashed for failure to grant these entitlements.
Court Disposition
revision allowed
Orders
- Arbitrator's order quashed
- Applicant to be paid unpaid salary Tshs.199,000/=
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment