mhubiri rogega mongateko vs mak medics ltd 2019 tzhc 2043 31 january 2019

mhubiri rogega mongateko vs mak medics ltd 2019 tzhc 2043 31 january 2019

Applicant owed duty of care, loss was not disputed, and even absent admission, misconduct was proven on balance of probabilities. Termination was for fair reason, equivalent to summary dismissal, and applicant not entitled to terminal benefits.

Citation
mhubiri rogega mongateko vs mak medics ltd 2019 tzhc 2043 31 january 2019
Parties
Applicant: Mhubiri Rogega Mong'ateko; Respondent: MAK Medics Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2019
Procedural Posture
Labour Revision / Ex Parte Ruling on Application for Revision of CMA Award
Outcome
Application dismissed
Legal Topics
Unfair Termination, Terminal Benefits, Misconduct, Procedural Irregularities
Source Language
English
Labour Law Unfair Termination Terminal Benefits Misconduct Procedural Irregularities

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Parties

Mhubiri Rogega Mong'ateko

Applicant

MAK Medics Ltd

Respondent

Procedural Posture

Labour Revision / Ex Parte Ruling on Application for Revision of CMA Award

Legal Issues

  1. 1 Whether there was unfair termination
  2. 2 Whether the applicant was entitled to terminal benefits

Ratio Decidendi

Applicant owed duty of care, loss was not disputed, and even absent admission, misconduct was proven on balance of probabilities. Termination was for fair reason, equivalent to summary dismissal, and applicant not entitled to terminal benefits.

Court Disposition

Application dismissed

Orders

  • Application for revision is dismissed
  • Right of appeal explained