marriotti investment ltd ta marriotti hotel dhidi ya malaki silla mfinanga 2023 tzhcld 1191 20 machi 2023

marriotti investment ltd ta marriotti hotel dhidi ya malaki silla mfinanga 2023 tzhcld 1191 20 machi 2023

The arbitrator erred by awarding compensation to the respondent for breach of contract when the evidence showed the respondent himself abandoned employment, thus causing the breach; relief was not legally justified.

Source-derived case information.

Citation
marriotti investment ltd ta marriotti hotel dhidi ya malaki silla mfinanga 2023 tzhcld 1191 20 machi 2023
Parties
Applicant: Marriotti Investment Ltd T/A Marriotti Hotel; Respondent: Malaki Silla Mfinanga
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Labour Revision / Final Judgment
Outcome
application partly allowed
Legal Topics
Breach of Employment Contract, Unfair Termination, Fixed Term Contract, Remedies for Breach, Burden of Proof
Source Language
en
Labour Law Breach of Employment Contract Unfair Termination Fixed Term Contract Remedies for Breach Burden of Proof

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Parties

Marriotti Investment Ltd T/A Marriotti Hotel

Applicant

Malaki Silla Mfinanga

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether the arbitrator erred by treating a breach of contract claim as unfair termination
  2. 2 Whether the arbitrator misapplied the burden of proof
  3. 3 Whether the arbitrator granted relief without proper legal basis

Ratio Decidendi

The arbitrator erred by awarding compensation to the respondent for breach of contract when the evidence showed the respondent himself abandoned employment, thus causing the breach; relief was not legally justified.

Court Disposition

application partly allowed

Orders

  • The award of compensation to the respondent is set aside; respondent is not entitled to compensation.
  • Applicant's claim for compensation is rejected.