omary awadhi limited na mwingine vs zubery ally na wenzake 14 2021 tzhcld 146 3 juni 2021

omary awadhi limited na mwingine vs zubery ally na wenzake 14 2021 tzhcld 146 3 juni 2021

Respondents were employed under fixed-term contracts which expired by effluxion of time; dispute was filed within statutory time; respondents were not unlawfully terminated; compensation for unfair dismissal was not warranted; only leave pay is due.

Source-derived case information.

Citation
omary awadhi limited na mwingine vs zubery ally na wenzake 14 2021 tzhcld 146 3 juni 2021
Parties
Applicant: Omary Awadhi Limited; Applicant: Omary Awadhi T/A Omary Awadhi Enterprises; Respondent: Zubery Ally na wenzake 14
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision / Final Judgment
Outcome
application allowed
Legal Topics
Employment Contracts, Termination of Employment, Statutory Time Limits, Remedies for Unfair Dismissal
Source Language
en
Labour Law Employment Contracts Termination of Employment Statutory Time Limits Remedies for Unfair Dismissal

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Parties

Omary Awadhi Limited

Applicant

Omary Awadhi T/A Omary Awadhi Enterprises

Applicant

Zubery Ally na wenzake 14

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether the dispute was filed within statutory time limits
  2. 2 Whether respondents were employed under permanent contracts
  3. 3 Whether termination of respondents' employment was lawful

Ratio Decidendi

Respondents were employed under fixed-term contracts which expired by effluxion of time; dispute was filed within statutory time; respondents were not unlawfully terminated; compensation for unfair dismissal was not warranted; only leave pay is due.

Court Disposition

application allowed

Orders

  • Award of Commission set aside
  • Respondents to be paid one month's salary as leave pay