19851231 TZHC Mtwara

19851231 TZHC Mtwara

The agreed salary was shs.400/= per month, which met the statutory minimum wage. The arrangement for the employer to keep part of the salary as savings did not violate the law. The appellant's refusal to pay the balance was a civil matter, not a criminal offence. Therefore, convictions on the 67 counts of underpayment of minimum wage were quashed and sentences set aside.

Citation
19851231 TZHC Mtwara
Parties
Appellant: Mwamedi Mpangamene; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 December 1985
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Minimum Statutory Wage, Workmen's Compensation, Employment Records, Appeal Against Conviction and Sentence
Source Language
English
Criminal Law Labour Law Minimum Statutory Wage Workmen's Compensation Employment Records Appeal Against Conviction and Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Mwamedi Mpangamene

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant failed to pay the statutory minimum wage
  2. 2 Whether the appellant failed to ensure against workman's compensation liability
  3. 3 Whether the appellant failed to prepare and maintain record of oral contract of service

Ratio Decidendi

The agreed salary was shs.400/= per month, which met the statutory minimum wage. The arrangement for the employer to keep part of the salary as savings did not violate the law. The appellant's refusal to pay the balance was a civil matter, not a criminal offence. Therefore, convictions on the 67 counts of underpayment of minimum wage were quashed and sentences set aside.

Court Disposition

appeal allowed in part

Orders

  • Convictions on 67 counts of underpayment of minimum wage quashed
  • Sentences on those counts set aside