maktech and tel co ltd vs relief mtenga 2021 tzhcld 118 26 may 2021
Applicant failed to follow mandatory retrenchment procedures; respondent was not consulted or properly involved due to maternity leave; offering alternative position without proper process rendered termination procedurally unfair; Arbitrator's award of compensation and benefits was just and fair.
- Citation
- maktech and tel co ltd vs relief mtenga 2021 tzhcld 118 26 may 2021
- Parties
- Applicant: Maktech & Tel Co Ltd; Respondent: Relief Mtenga
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 May 2021
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- application dismissed
- Legal Topics
- Retrenchment, Unfair Termination, Procedural Fairness, Fixed Term Contract, Severance Pay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Maktech & Tel Co Ltd
Applicant
Relief Mtenga
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the applicant was legally obliged to consult with the respondent on termination after refusal of new post
- 2 Whether the respondent was entitled to terminal benefits not paid
Ratio Decidendi
Applicant failed to follow mandatory retrenchment procedures; respondent was not consulted or properly involved due to maternity leave; offering alternative position without proper process rendered termination procedurally unfair; Arbitrator's award of compensation and benefits was just and fair.
Court Disposition
application dismissed
Orders
- Arbitrator's award upheld
- Respondent entitled to 16 months salaries as compensation, one month salary in lieu of notice, and severance pay
Full Case Text
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