matilda gerase rwebugisa vs blue rock spur ltd 2018 tzhcld 3 8 may 2018

matilda gerase rwebugisa vs blue rock spur ltd 2018 tzhcld 3 8 may 2018

The order for re-engagement was improper given the procedural unfairness and business decline; compensation for three months' salary is a fair and just remedy.

Citation
matilda gerase rwebugisa vs blue rock spur ltd 2018 tzhcld 3 8 may 2018
Parties
Applicant: Matilda Gerase Rwebugisa; Respondent: Bluij Rock Spur Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 May 2018
Procedural Posture
Labour Revision / Judgment
Outcome
application partly successful
Legal Topics
Unfair Termination, Remedies for Unfair Dismissal, Procedural Fairness, Compensation, Re Engagement
Source Language
English

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Parties

Matilda Gerase Rwebugisa

Applicant

Bluij Rock Spur Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

  1. 1 Whether the order for re-engagement by the Arbitrator was proper after finding procedural unfairness in termination

Ratio Decidendi

The order for re-engagement was improper given the procedural unfairness and business decline; compensation for three months' salary is a fair and just remedy.

Court Disposition

application partly successful

Orders

  • Order for re-engagement quashed and set aside.
  • Applicant to be compensated three months' salary for procedural unfairness.