modesta modest vs mr clean ltd 2022 tzhcld 199 28 april 2022
The notice of termination, despite a misnomer, was valid and properly served as evidenced by applicants' response; final payment acknowledged by applicants confirmed termination of employment as of 18th November, 2016; applicants' claim for unpaid salaries lacks legal basis.
- Citation
- modesta modest vs mr clean ltd 2022 tzhcld 199 28 april 2022
- Parties
- Applicant: Modesta Modest; Applicant: Happy Kihogo; Applicant: Daniel Yusuf; Respondent: Mr. Clean Ltd.
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 28 April 2022
- Procedural Posture
- Labour Revision Application / Judgment
- Outcome
- application dismissed
- Legal Topics
- Termination of Employment, Notice of Termination, Final Payment, Misnomer in Legal Documents
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Modesta Modest
Applicant
Happy Kihogo
Applicant
Daniel Yusuf
Applicant
Mr. Clean Ltd.
Respondent
Procedural Posture
Labour Revision Application / Judgment
Legal Issues
- 1 Whether the arbitrator erred in law and fact by relying on Exhibit DI (notice of termination) which was not served to the applicants
- 2 Whether the arbitrator erred in law and fact in holding that the applicants' employment ended on 18th November, 2016
Ratio Decidendi
The notice of termination, despite a misnomer, was valid and properly served as evidenced by applicants' response; final payment acknowledged by applicants confirmed termination of employment as of 18th November, 2016; applicants' claim for unpaid salaries lacks legal basis.
Court Disposition
application dismissed
Orders
- Each party to bear its own costs
Full Case Text
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