new arusha hotel vs esther molla 2020 tzhc 2277 31 august 2020

new arusha hotel vs esther molla 2020 tzhc 2277 31 august 2020

The arbitrator erred in awarding 24 months' compensation and miscalculated severance pay; the respondent is entitled to 12 months' salary, corrected severance pay, and a certificate of service.

Citation
new arusha hotel vs esther molla 2020 tzhc 2277 31 august 2020
Parties
Applicant: New Arusha Hotel; Respondent: Esther Molla
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2020
Procedural Posture
Labour Revision / Judgment on Revision From CMA Award
Outcome
CMA award revised and set aside to the extent indicated; respondent entitled to 12 months' salary, corrected severance pay, and certificate of service; each party to bear own costs.
Legal Topics
Unfair Termination, Compensation, Severance Pay, Procedural Fairness
Source Language
English
Labour Law Unfair Termination Compensation Severance Pay Procedural Fairness

Case Brief

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Parties

New Arusha Hotel

Applicant

Esther Molla

Respondent

Procedural Posture

Labour Revision / Judgment on Revision From CMA Award

Legal Issues

  1. 1 Whether the arbitrator erred in awarding compensation and terminal benefits
  2. 2 Whether the arbitrator failed to address all framed issues
  3. 3 Whether the respondent was unfairly terminated for absenteeism

Ratio Decidendi

The arbitrator erred in awarding 24 months' compensation and miscalculated severance pay; the respondent is entitled to 12 months' salary, corrected severance pay, and a certificate of service.

Court Disposition

CMA award revised and set aside to the extent indicated; respondent entitled to 12 months' salary, corrected severance pay, and certificate of service; each party to bear own costs.

Orders

  • Applicant to pay respondent 12 months' salary compensation (Tshs. 6,000,000)
  • Applicant to pay respondent severance pay (Tshs. 673,076.92)