mcc ltd vs david mwakasula and 12 others 2020 tzhc 3590 29 september 2020

mcc ltd vs david mwakasula and 12 others 2020 tzhc 3590 29 september 2020

The arbitrator correctly based the calculation of severance pay on the Collective Bargaining Agreement, which stipulated 5 working days per week, and applied the statutory formula. The applicant's arguments regarding 6 or 7 working days were not supported by evidence at trial and are new matters improperly raised at revision. The award of Tshs. 14,975,007/= was correct.

Citation
mcc ltd vs david mwakasula and 12 others 2020 tzhc 3590 29 september 2020
Parties
Applicant: MCC LTD; Respondents: David Mwakasala and 12 Others
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Severance Pay, Calculation of Severance, Collective Bargaining Agreement, Retrenchment, Unfair Termination
Source Language
English
Labour Law Severance Pay Calculation of Severance Collective Bargaining Agreement Retrenchment Unfair Termination

Case Brief

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Parties

MCC LTD

Applicant

David Mwakasala and 12 Others

Respondents

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the arbitrator erred in law by failing to consider evidence regarding salary payments and duties when calculating severance pay
  2. 2 Whether the arbitrator used the correct formula for calculating severance pay
  3. 3 Whether the arbitrator erred in awarding Tshs. 14,975,007/= as underpayment of severance

Ratio Decidendi

The arbitrator correctly based the calculation of severance pay on the Collective Bargaining Agreement, which stipulated 5 working days per week, and applied the statutory formula. The applicant's arguments regarding 6 or 7 working days were not supported by evidence at trial and are new matters improperly raised at revision. The award of Tshs. 14,975,007/= was correct.

Court Disposition

Application dismissed

Orders

  • No order as to costs