kk security co ltd vs majariwa musa kagoma 2021 tzhcld 353 23 agosti 2021

kk security co ltd vs majariwa musa kagoma 2021 tzhcld 353 23 agosti 2021

Termination of the respondent was procedurally unfair due to the chairperson's improper involvement in both initiating and adjudicating disciplinary proceedings, violating statutory requirements. However, reinstatement is not appropriate given the nature of security work and loss of trust; compensation for 19...

Source-derived case information.

Citation
kk security co ltd vs majariwa musa kagoma 2021 tzhcld 353 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 / Final Judgment
Outcome
partially allowed
Legal Topics
Unfair Termination, Remedies for Unfair Dismissal, Procedural Fairness in Disciplinary Proceedings
Source Language
en
Labour Law Unfair Termination Remedies for Unfair Dismissal Procedural Fairness in Disciplinary Proceedings

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Parties

K.K Security Co. Ltd

Applicant

Majariwa Musa Kagoma

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether the termination of the respondent was lawful
  2. 2 What remedies are appropriate for each party

Ratio Decidendi

Termination of the respondent was procedurally unfair due to the chairperson's improper involvement in both initiating and adjudicating disciplinary proceedings, violating statutory requirements. However, reinstatement is not appropriate given the nature of security work and loss of trust; compensation for 19 months' salary is confirmed as the proper remedy.

Court Disposition

partially allowed

Orders

  • Order for reinstatement set aside
  • Order for payment of TZS 3,097,000 to respondent confirmed