mohamedi kijida vs everything dar co ltd 2020 tzhcld 1793 14 august 2020

mohamedi kijida vs everything dar co ltd 2020 tzhcld 1793 14 august 2020

The Arbitrator properly considered evidence and law, finding the applicant's termination was based on valid reasons and fair procedure for poor performance, but failed to award the statutory certificate of service to the applicant, which is a legal entitlement.

Citation
mohamedi kijida vs everything dar co ltd 2020 tzhcld 1793 14 august 2020
Parties
Applicant: Mohamedi Kijida; Respondent: Everything Dar. Com Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 August 2020
Procedural Posture
Labour Revision / Judgment
Outcome
Application partially succeeded; certificate of service to be issued; other grounds dismissed.
Legal Topics
Unfair Termination, Employment Contract, Certificate of Service, Subsidiary and Parent Company Relationship, Notice of Termination
Source Language
English
Labour Law Unfair Termination Employment Contract Certificate of Service Subsidiary and Parent Company Relationship Notice of Termination

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Parties

Mohamedi Kijida

Applicant

Everything Dar. Com Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether there was valid reason and fair procedure to terminate the applicant for poor performance
  2. 2 Whether the Arbitrator failed to distinguish between Everything Dar Com Ltd and ROAM as different legal entities
  3. 3 Whether the applicant was issued notice to terminate his contract as per employment contract

Ratio Decidendi

The Arbitrator properly considered evidence and law, finding the applicant's termination was based on valid reasons and fair procedure for poor performance, but failed to award the statutory certificate of service to the applicant, which is a legal entitlement.

Court Disposition

Application partially succeeded; certificate of service to be issued; other grounds dismissed.

Orders

  • Respondent to issue certificate of service to applicant.
  • Other grounds of revision dismissed.