kiboberry limited vs john van der voort 2020 tzhc 4557 15 december 2020
The respondent's termination was unfair as the applicant failed to prove valid reasons and did not comply with fair procedure; terminal benefits must be calculated only on the contract between Kiboberry and the respondent, excluding double payment for accrued leave.
- Citation
- kiboberry limited vs john van der voort 2020 tzhc 4557 15 december 2020
- Parties
- Applicant: Kiboberry Limited; Respondent: John Van Der Voort
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 December 2020
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Application partly allowed
- Legal Topics
- Unfair Termination, Employment Contract, Terminal Benefits, Disciplinary Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kiboberry Limited
Applicant
John Van Der Voort
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the Commission erred in awarding terminal benefits based on contracts not in dispute
- 2 Whether there was double awarding of allowances
- 3 Whether the contract in Dutch language was properly considered
Ratio Decidendi
The respondent's termination was unfair as the applicant failed to prove valid reasons and did not comply with fair procedure; terminal benefits must be calculated only on the contract between Kiboberry and the respondent, excluding double payment for accrued leave.
Court Disposition
Application partly allowed
Orders
- Terminal benefits recalculated to exclude double payment and only on relevant contract
- Respondent awarded Tshs. 104,820,000 and Euro 59,200 as terminal benefits
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