20140929 TZHC Dar es Salaam

20140929 TZHC Dar es Salaam

The arbitrator has discretion under section 40(1)(c) of the Employment and Labour Relations Act to award compensation less than twelve months' remuneration for unfair termination, provided the award is just and equitable in the circumstances. The applicant failed to prove a higher salary than 1,500,000 TZS per month. The award of six months' compensation was within the arbitrator's discretion and justified by the facts.

Citation
20140929 TZHC Dar es Salaam
Parties
Applicant: Michael Kirobe Mwita; Respondent: AAA Drilling Manager
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2014
Procedural Posture
Labour Revision / Judgment on Application for Revision of Arbitration Award
Outcome
Revision dismissed; arbitration award confirmed.
Legal Topics
Unfair Termination, Compensation for Unfair Termination, Interpretation of Statutory Compensation Provisions, Procedural Fairness in Retrenchment
Source Language
English
Labour Law Unfair Termination Compensation for Unfair Termination Interpretation of Statutory Compensation Provisions Procedural Fairness in Retrenchment

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Parties

Michael Kirobe Mwita

Applicant

AAA Drilling Manager

Respondent

Procedural Posture

Labour Revision / Judgment on Application for Revision of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator erred in awarding six months' compensation instead of not less than twelve months as required by section 40(1)(c) of the Employment and Labour Relations Act.
  2. 2 What was the applicant's salary at the time of retrenchment?

Ratio Decidendi

The arbitrator has discretion under section 40(1)(c) of the Employment and Labour Relations Act to award compensation less than twelve months' remuneration for unfair termination, provided the award is just and equitable in the circumstances. The applicant failed to prove a higher salary than 1,500,000 TZS per month. The award of six months' compensation was within the arbitrator's discretion and justified by the facts.

Court Disposition

Revision dismissed; arbitration award confirmed.

Orders

  • The application for revision is dismissed.
  • The arbitration award of six months' compensation at 1,500,000 TZS per month is confirmed.