joseph charles silwamba vs g4s secure solution t ltd 2022 tzhcld 787 18 august 2022
The applicant's fixed term contract was renewed by default for 8 years but did not become permanent. Termination required adherence to procedure. The applicant was entitled to compensation for unfair termination as he had a reasonable expectation of continued employment.
- Citation
- joseph charles silwamba vs g4s secure solution t ltd 2022 tzhcld 787 18 august 2022
- Parties
- Applicant: Joseph Charles Silwamba; Respondent: G4S Secure Solution (T) Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 18 August 2022
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Application granted
- Legal Topics
- Employment Contract, Unfair Termination, Renewal by Default, Compensation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Charles Silwamba
Applicant
G4S Secure Solution (T) Ltd
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether there was a fixed one year term contract between the parties
- 2 Whether the applicant's employment was renewed by default or became permanent
- 3 Whether the applicant was fairly terminated according to law
Ratio Decidendi
The applicant's fixed term contract was renewed by default for 8 years but did not become permanent. Termination required adherence to procedure. The applicant was entitled to compensation for unfair termination as he had a reasonable expectation of continued employment.
Court Disposition
Application granted
Orders
- CMA award quashed and set aside
- Applicant to be compensated 12 months' salary at TZS 165,000 per month, totaling TZS 1,980,000
Full Case Text
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