kessy dickson udoba vs ukod international co ltd 2023 tzhcld 1415 11 septemba 2023

kessy dickson udoba vs ukod international co ltd 2023 tzhcld 1415 11 septemba 2023

The applicant proved the existence of an employment relationship and entitlement to terminal benefits through documentary evidence, and the respondent's written promise to pay was binding. The arbitrator erred by failing to consider this evidence and by dismissing the claim in the absence of any rebuttal from the...

Source-derived case information.

Citation
kessy dickson udoba vs ukod international co ltd 2023 tzhcld 1415 11 septemba 2023
Parties
Applicant: Kessy Dickson Udoba; Respondent: Ukod International Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Labour Revision / Judgment
Outcome
Application for revision allowed; CMA decision set aside.
Legal Topics
Unfair Termination, Employment Contract, Employee Entitlements, Non Appearance of Respondent
Source Language
en
Labour Law Unfair Termination Employment Contract Employee Entitlements Non Appearance of Respondent

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Parties

Kessy Dickson Udoba

Applicant

Ukod International Co. Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

  1. 1 Whether the applicant proved his claims before the Commission for Mediation and Arbitration (CMA)
  2. 2 Whether the arbitrator considered all evidence presented by the applicant

Ratio Decidendi

The applicant proved the existence of an employment relationship and entitlement to terminal benefits through documentary evidence, and the respondent's written promise to pay was binding. The arbitrator erred by failing to consider this evidence and by dismissing the claim in the absence of any rebuttal from the respondent.

Court Disposition

Application for revision allowed; CMA decision set aside.

Orders

  • The decision of the CMA is set aside.
  • The applicant is entitled to payment of TZS 1,230,500 as terminal benefits.