nokia solutions and network vs moteswa lusinde 2021 tzhcld 217 23 june 2021

nokia solutions and network vs moteswa lusinde 2021 tzhcld 217 23 june 2021

The respondent left before being served with the outcome of the disciplinary hearing despite being told to wait. He was informed of the recommendation and his right to appeal. The court found that the respondent slept over his right and cannot blame the applicant for his own negligence. Termination was procedurally fair.

Citation
nokia solutions and network vs moteswa lusinde 2021 tzhcld 217 23 june 2021
Parties
Applicant: Nokia Solutions & Network; Respondent: Moteswa Lusinde
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
23 June 2021
Procedural Posture
Labour Revision / Judgment
Outcome
application allowed
Legal Topics
Unfair Termination, Procedural Fairness, Right to Be Heard, Compensation
Source Language
English
Labour Law Unfair Termination Procedural Fairness Right to Be Heard Compensation

Case Brief

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Parties

Nokia Solutions & Network

Applicant

Moteswa Lusinde

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether termination was procedurally unfair
  2. 2 What reliefs are entitled to the parties

Ratio Decidendi

The respondent left before being served with the outcome of the disciplinary hearing despite being told to wait. He was informed of the recommendation and his right to appeal. The court found that the respondent slept over his right and cannot blame the applicant for his own negligence. Termination was procedurally fair.

Court Disposition

application allowed

Orders

  • CMA's award of 12 months' salary as compensation quashed and set aside
  • Applicant to pay other entitlements as per termination letter if not yet paid