mrisho omary another vs raheem nathoo 2022 tzca 215 25 april 2022

mrisho omary another vs raheem nathoo 2022 tzca 215 25 april 2022

The respondent's conduct—demanding the appellants sign a new contract with undisclosed terms and subsequently disowning them as employees—made continued employment intolerable, satisfying the legal test for constructive termination. The appellants were not required to exhaust grievance procedures as the employer-employee relationship was expressly denied. The High Court erred in finding otherwise.

Citation
mrisho omary another vs raheem nathoo 2022 tzca 215 25 april 2022
Parties
Appellant: Mrisho Omary; Appellant: Juma Shomari; Respondent: Raheem Nathoo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 April 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Constructive Termination, Employer Employee Relationship, Burden of Proof, Employment Records, Remedies for Unlawful Termination
Source Language
English
Labour Law Employment Law Constructive Termination Employer Employee Relationship Burden of Proof Employment Records Remedies for Unlawful Termination

Case Brief

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Parties

Mrisho Omary

Appellant

Juma Shomari

Appellant

Raheem Nathoo

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was constructive termination of the appellants' employment
  2. 2 Whether the respondent's conduct amounted to making continued employment intolerable under section 36(a)(ii) of the Employment and Labour Relations Act

Ratio Decidendi

The respondent's conduct—demanding the appellants sign a new contract with undisclosed terms and subsequently disowning them as employees—made continued employment intolerable, satisfying the legal test for constructive termination. The appellants were not required to exhaust grievance procedures as the employer-employee relationship was expressly denied. The High Court erred in finding otherwise.

Court Disposition

appeal allowed

Orders

  • Judgment of the High Court quashed
  • Decree of the High Court set aside