national microfinance bank vs leila mringo others 2020 tzca 240 20 may 2020

national microfinance bank vs leila mringo others 2020 tzca 240 20 may 2020

The remedies under section 40(1) of the ELRA—reinstatement, re-engagement, or compensation—must be awarded disjunctively, not conjunctively. The High Court erred by granting both reinstatement and compensation. The employer must prove fairness of termination, and in this case, termination was found to be unfair, but only one remedy may be granted.

Citation
national microfinance bank vs leila mringo others 2020 tzca 240 20 may 2020
Parties
Appellant: National Microfinance Bank; Respondent: Leila Mringo; Respondent: Yahaya Juma Ndao; Respondent: Crossman Godfrey Makere
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 May 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Unfair Termination, Remedies for Unfair Dismissal, Interpretation of Statutes, Labour Dispute Procedure
Source Language
English
Labour Law Employment Law Unfair Termination Remedies for Unfair Dismissal Interpretation of Statutes Labour Dispute Procedure

Case Brief

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Parties

National Microfinance Bank

Appellant

Leila Mringo

Respondent

Yahaya Juma Ndao

Respondent

Crossman Godfrey Makere

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred by considering matters not in dispute
  2. 2 Whether the High Court properly interpreted Rule 12 of the Employment and Labour Relations (Code of Good Practice) Rules, 2007
  3. 3 Whether the High Court erred by awarding both reinstatement and compensation instead of one remedy under section 40(1) of the ELRA

Ratio Decidendi

The remedies under section 40(1) of the ELRA—reinstatement, re-engagement, or compensation—must be awarded disjunctively, not conjunctively. The High Court erred by granting both reinstatement and compensation. The employer must prove fairness of termination, and in this case, termination was found to be unfair, but only one remedy may be granted.

Court Disposition

Appeal allowed in part

Orders

  • Set aside High Court order granting both reinstatement and compensation
  • Appellant to either re-engage the respondents or pay each respondent twelve months' salary as compensation under section 40(3) of the ELRA