kigemu security services vs josephine leo mlowe 2024 tzhc 264 9 february 2024

kigemu security services vs josephine leo mlowe 2024 tzhc 264 9 february 2024

The court found that an oral employment contract existed for eighteen months, not six as claimed by the applicant. The applicant terminated the contract without valid reason, notice, or adherence to fair procedure, violating section 37 of the Employment and Labour Relations Act. The respondent was not paid terminal dues as required by law. The CMA's award of TZS 700,000 was confirmed.

Citation
kigemu security services vs josephine leo mlowe 2024 tzhc 264 9 february 2024
Parties
Applicant: Kigemu Security Services; Respondent: Josephine Leo Mlowe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2024
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed; CMA award confirmed.
Legal Topics
Unfair Termination, Oral Employment Contract, Terminal Benefits, Notice of Termination, Probationary Employment
Source Language
English
Labour Law Unfair Termination Oral Employment Contract Terminal Benefits Notice of Termination Probationary Employment

Case Brief

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Parties

Kigemu Security Services

Applicant

Josephine Leo Mlowe

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether breach of contract was proved by the respondent
  2. 2 Whether the arbitrator correctly held that the applicant had no justification to terminate the contract and that there was non-compliance with termination procedure
  3. 3 Whether failure to follow procedure for terminating a probationary employee amounts to breach of employment contract

Ratio Decidendi

The court found that an oral employment contract existed for eighteen months, not six as claimed by the applicant. The applicant terminated the contract without valid reason, notice, or adherence to fair procedure, violating section 37 of the Employment and Labour Relations Act. The respondent was not paid terminal dues as required by law. The CMA's award of TZS 700,000 was confirmed.

Court Disposition

Application dismissed; CMA award confirmed.

Orders

  • Applicant to pay respondent TZS 700,000 within sixty days from date of judgment