kk security coltd vs majaliwa kagoma 2021 tzhcld 2095 23 agosti 2021

kk security coltd vs majaliwa kagoma 2021 tzhcld 2095 23 agosti 2021

The termination of the respondent was procedurally unfair due to the chairperson's involvement in both initiating and adjudicating the disciplinary process, violating the requirement for impartiality. However, reinstatement is not appropriate given the nature of the security work and loss of trust; compensation as...

Source-derived case information.

Citation
kk security coltd vs majaliwa kagoma 2021 tzhcld 2095 23 agosti 2021
Parties
Applicant: K.K Security Co. Ltd; Respondent: Majariwa Musa Kagoma
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision Application / Judgment
Outcome
Partly allowed
Legal Topics
Unfair Termination, Remedies for Unfair Dismissal, Procedural Fairness in Disciplinary Hearings
Source Language
en
Labour Law Unfair Termination Remedies for Unfair Dismissal Procedural Fairness in Disciplinary Hearings

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Parties

K.K Security Co. Ltd

Applicant

Majariwa Musa Kagoma

Respondent

Procedural Posture

Labour Revision Application / Judgment

  1. 1 Whether the termination of the respondent was fair and lawful
  2. 2 What remedies are appropriate for the parties

Ratio Decidendi

The termination of the respondent was procedurally unfair due to the chairperson's involvement in both initiating and adjudicating the disciplinary process, violating the requirement for impartiality. However, reinstatement is not appropriate given the nature of the security work and loss of trust; compensation as awarded by the CMA is upheld.

Court Disposition

Partly allowed

Orders

  • Order of reinstatement set aside
  • Order for payment of TZS 3,097,000/= to respondent as compensation upheld