knight support t limited vs ibrahim bwire 2015 tzhc 2163 18 december 2015

knight support t limited vs ibrahim bwire 2015 tzhc 2163 18 december 2015

The termination of the respondent was both substantively and procedurally unfair as the employer was aware of the respondent's illness and failed to follow proper procedures. The arbitrator properly considered evidence from both parties. However, the award of fifty months' salary was set aside as the delay in finalizing the dispute was not the employer's fault. The respondent is entitled to compensation for unfair termination and other statutory benefits, but not to salary for the period after termination up to the date of the award.

Citation
knight support t limited vs ibrahim bwire 2015 tzhc 2163 18 december 2015
Parties
Applicant: Knight Support (T) Limited; Respondent: Ibrahim Bwire
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2015
Procedural Posture
Labour Revision / Judgment
Outcome
Application for revision dismissed except as to the award of fifty months' salary, which is set aside.
Legal Topics
Unfair Termination, Employment Benefits, Procedural Fairness, Substantive Fairness
Source Language
English
Labour Law Unfair Termination Employment Benefits Procedural Fairness Substantive Fairness

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Parties

Knight Support (T) Limited

Applicant

Ibrahim Bwire

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the termination of the respondent was substantively and procedurally fair
  2. 2 Whether the Commission for Mediation and Arbitration properly evaluated the evidence
  3. 3 Whether the arbitrator was biased in awarding claims not pleaded in CMA Form No. 1

Ratio Decidendi

The termination of the respondent was both substantively and procedurally unfair as the employer was aware of the respondent's illness and failed to follow proper procedures. The arbitrator properly considered evidence from both parties. However, the award of fifty months' salary was set aside as the delay in finalizing the dispute was not the employer's fault. The respondent is entitled to compensation for unfair termination and other statutory benefits, but not to salary for the period after termination up to the date of the award.

Court Disposition

Application for revision dismissed except as to the award of fifty months' salary, which is set aside.

Orders

  • Award of fifty months' salary from November 2009 to December 2013 is quashed and set aside.
  • Respondent is entitled to twelve months' salary as compensation for unfair termination (Tzs. 1,260,000).