omary kombo kijangwa vs mtibwa sugar estate ltd 2021 tzhcld 138 2 juni 2021

omary kombo kijangwa vs mtibwa sugar estate ltd 2021 tzhcld 138 2 juni 2021

The termination of the applicant was substantively and procedurally unfair because the reason given in the termination letter was not proven, the investigation report was not provided, and the disciplinary committee was not impartial. The applicant is entitled to compensation for the remaining period of the contract.

Source-derived case information.

Citation
omary kombo kijangwa vs mtibwa sugar estate ltd 2021 tzhcld 138 2 juni 2021
Parties
Applicant: Omary Kombo Kijangwa; Respondent: Mtibwa Sugar Estate Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision / Final Judgment
Outcome
application granted
Legal Topics
Unfair Termination, Procedural Fairness, Employment Contract, Remedies for Unlawful Dismissal
Source Language
en
Labour Law Unfair Termination Procedural Fairness Employment Contract Remedies for Unlawful Dismissal

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Parties

Omary Kombo Kijangwa

Applicant

Mtibwa Sugar Estate Ltd

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether the reasons for termination of the applicant were valid and fair
  2. 2 Whether the procedures for termination were fair
  3. 3 What remedies are due to each party

Ratio Decidendi

The termination of the applicant was substantively and procedurally unfair because the reason given in the termination letter was not proven, the investigation report was not provided, and the disciplinary committee was not impartial. The applicant is entitled to compensation for the remaining period of the contract.

Court Disposition

application granted

Orders

  • The decision of the Commission for Mediation and Arbitration is set aside.
  • The respondent shall pay the applicant TZS 23,066,666.72 as compensation for unlawful termination.