mashaka lumato vs abood bus service ltd 2022 tzhcld 234 10 may 2022

The applicant was an employee of the respondent, not an agent. The respondent's failure to pay salary from March to July 2020 made employment intolerable, amounting to constructive and unfair termination. The applicant is entitled to compensation and terminal benefits as per the law.

Citation: mashaka lumato vs abood bus service ltd 2022 tzhcld 234 10 may 2022
Parties: Applicant: Mashaka Lumato; Respondent: Aboud Bus Service Limited
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 10 May 2022
Procedural Posture: Labour Revision / Judgment
Outcome: Application allowed. CMA award revised and set aside.
Legal Topics: Constructive Termination, Unfair Termination, Employment Relationship, Compensation for Unfair Termination, Severance Pay, Limitation of Actions
Source Language: English

Labour Law Constructive Termination Unfair Termination Employment Relationship Compensation for Unfair Termination Severance Pay Limitation of Actions

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5

Parties

Mashaka Lumato

Applicant

Aboud Bus Service Limited

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the applicant was constructively terminated
2 Whether the applicant was an employee or agent of the respondent
3 Whether the dispute was filed within the limitation period

Ratio Decidendi

Court Disposition

Application allowed. CMA award revised and set aside.

Orders

Applicant to be paid TZS 3,600,000 as 12 months' salary compensation for unfair termination
Applicant to be paid TZS 300,000 as one month salary in lieu of notice