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
Case Brief
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Matilda Gerase Rwebugisa
Applicant
Bluij Rock Spur Ltd
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 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.
Full Case Text
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