mrf international educational institutions limited vs andrew mlay and another 2022 tzhc 12321 31 august 2022

mrf international educational institutions limited vs andrew mlay and another 2022 tzhc 12321 31 august 2022

Respondents were employed under a fixed term contract which expired after twelve months; no reasonable expectation of renewal was established; principle of unfair termination does not apply; CMA award was unjustified.

Citation
mrf international educational institutions limited vs andrew mlay and another 2022 tzhc 12321 31 august 2022
Parties
Applicant: MRF International Educational Institutions Limited; 1st Respondent: Andrew Mlay; 2nd Respondent: Emmanuel Mmbaga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2022
Procedural Posture
Labour Revision / Judgment
Outcome
application allowed
Legal Topics
Fixed Term Contract, Unfair Termination, Expectation of Renewal
Source Language
English
Labour Law Fixed Term Contract Unfair Termination Expectation of Renewal

Case Brief

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Parties

MRF International Educational Institutions Limited

Applicant

Andrew Mlay

1st Respondent

Emmanuel Mmbaga

2nd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondents were employed under a fixed term contract
  2. 2 Whether the relief awarded is justifiable in law

Ratio Decidendi

Respondents were employed under a fixed term contract which expired after twelve months; no reasonable expectation of renewal was established; principle of unfair termination does not apply; CMA award was unjustified.

Court Disposition

application allowed

Orders

  • CMA award quashed and set aside
  • Each party to bear own costs