mkami mtobiisakwe dhidi ya stemo security system limited 2022 tzhcld 1115 12 disemba 2022
The applicant was subjected to difficult working conditions by being placed on indefinite unpaid leave without alternative employment, which justified constructive dismissal. The employer failed to produce the employment contract or evidence of entitlements in such circumstances.
- Citation
- mkami mtobiisakwe dhidi ya stemo security system limited 2022 tzhcld 1115 12 disemba 2022
- Parties
- Applicant: Mkami Mtobiisakwe; Respondent: Stemo Security System Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2022
- Procedural Posture
- Labour Revision / Final Judgment
- Outcome
- judgment for applicant; Commission's decision set aside
- Legal Topics
- Constructive Dismissal, Employment Contract, Employee Entitlements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mkami Mtobiisakwe
Applicant
Stemo Security System Limited
Respondent
Procedural Posture
Labour Revision / Final Judgment
Legal Issues
- 1 Whether the applicant was subjected to difficult working conditions leading to constructive dismissal
Ratio Decidendi
The applicant was subjected to difficult working conditions by being placed on indefinite unpaid leave without alternative employment, which justified constructive dismissal. The employer failed to produce the employment contract or evidence of entitlements in such circumstances.
Court Disposition
judgment for applicant; Commission's decision set aside
Orders
- Respondent to pay applicant twelve months' compensation (TZS 1,440,000)
- Respondent to pay applicant one year's leave (TZS 120,000)
Full Case Text
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