jordan university college vs flavia joseph 2020 tzhcld 3822 8 december 2020

jordan university college vs flavia joseph 2020 tzhcld 3822 8 december 2020

There is no unfair termination in a fixed term contract where termination is exercised according to an express contractual term; arbitrator erred by awarding remedies for breach of contract when the claim was for unfair termination.

Citation
jordan university college vs flavia joseph 2020 tzhcld 3822 8 december 2020
Parties
Applicant: Jordan University College; Respondent: Flavia Joseph
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 December 2020
Procedural Posture
Labour Revision / Final Judgment
Outcome
revision allowed
Legal Topics
Fixed Term Contract, Unfair Termination, Breach of Contract, Remedies, Pleadings
Source Language
English
Labour Law Contract Law Fixed Term Contract Unfair Termination Breach of Contract Remedies Pleadings

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Parties

Jordan University College

Applicant

Flavia Joseph

Respondent

Procedural Posture

Labour Revision / Final Judgment

Legal Issues

  1. 1 Whether the arbitrator was correct to treat the respondent as having been unfairly terminated
  2. 2 Whether the arbitrator was correct to award reliefs more than what was claimed under form No. 1
  3. 3 Whether the respondent was entitled to compensation of 26 months salary

Ratio Decidendi

There is no unfair termination in a fixed term contract where termination is exercised according to an express contractual term; arbitrator erred by awarding remedies for breach of contract when the claim was for unfair termination.

Court Disposition

revision allowed

Orders

  • award of 26 months' salary quashed and set aside
  • no compensation for remaining period of contract