20140219 TZHC Mwanza

Termination was for a valid reason due to admitted misconduct, but procedural fairness was not complied with; compensation and severance are warranted under ELRA.

Citation: 20140219 TZHC Mwanza
Parties: Applicant: Joseph C. Magesa; Respondent: Tanzania Breweries Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 February 2014
Procedural Posture: Labour Revision / Judgment
Outcome: Application partly allowed
Legal Topics: Unfair Termination, Procedural Fairness, Substantive Fairness, Compensation, Severance
Source Language: English

Labour Law Unfair Termination Procedural Fairness Substantive Fairness Compensation Severance

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Parties

Joseph C. Magesa

Applicant

Tanzania Breweries Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the Arbitrator erred in applying repealed law instead of the Employment and Labour Relations Act, 2004
2 Whether termination was substantively fair
3 Whether procedural fairness was complied with

Ratio Decidendi

Termination was for a valid reason due to admitted misconduct, but procedural fairness was not complied with; compensation and severance are warranted under ELRA.

Court Disposition

Application partly allowed

Orders

Arbitrator's award quashed
Respondent to pay applicant compensation equivalent to 12 months salary at rate at dismissal