kirua kahe gravity water supply trus vs gilberta i moshy 2020 tzhc 4540 27 november 2020

kirua kahe gravity water supply trus vs gilberta i moshy 2020 tzhc 4540 27 november 2020

The termination of the respondent was both substantively and procedurally unfair as the applicant failed to prove the alleged misconduct and did not conduct a mandatory investigation. The disciplinary hearing was also invalid due to the chairman's expired tenure. Reliefs must be calculated based on the proven salary of TZS 450,000 per month.

Citation
kirua kahe gravity water supply trus vs gilberta i moshy 2020 tzhc 4540 27 november 2020
Parties
Applicant: KI RUA - KAHE GRAVITY WATER SUPPLY TRUST; Respondent: Gilberta I. Moshy
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Labour Revision / Ruling on Application for Revision of Arbitration Award
Outcome
Application for revision dismissed
Legal Topics
Unfair Termination, Employment Procedure, Compensation, Disciplinary Proceedings
Source Language
English
Labour Law Unfair Termination Employment Procedure Compensation Disciplinary Proceedings

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Parties

KI RUA - KAHE GRAVITY WATER SUPPLY TRUST

Applicant

Gilberta I. Moshy

Respondent

Procedural Posture

Labour Revision / Ruling on Application for Revision of Arbitration Award

Legal Issues

  1. 1 Whether the respondent's termination was fair substantively and procedurally
  2. 2 Whether the respondent is entitled to reliefs

Ratio Decidendi

The termination of the respondent was both substantively and procedurally unfair as the applicant failed to prove the alleged misconduct and did not conduct a mandatory investigation. The disciplinary hearing was also invalid due to the chairman's expired tenure. Reliefs must be calculated based on the proven salary of TZS 450,000 per month.

Court Disposition

Application for revision dismissed

Orders

  • Compensation of 24 months' salary for unfair termination based on TZS 450,000 per month
  • Unpaid salaries for the whole period of absence from work