peter j mashala vs stephano w sagaye 2020 tzhcld 1814 28 august 2020

Respondent absconded employment; no evidence of unfair termination; only salary arrears as per Exhibit PI are justified; other reliefs are unjustified and quashed.

Citation: peter j mashala vs stephano w sagaye 2020 tzhcld 1814 28 august 2020
Parties: Applicant: Peter J. Mashala; Respondent: Stephano W. Sagaye
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 28 August 2020
Procedural Posture: Labour Revision / Judgment
Outcome: revision allowed; award partially quashed
Legal Topics: Unfair Termination, Salary Arrears, Severance Pay, Procedural Fairness
Source Language: English

Labour Law Unfair Termination Salary Arrears Severance Pay Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Peter J. Mashala

Applicant

Stephano W. Sagaye

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

1 Whether the arbitrator erred in awarding excessive reliefs despite respondent abandoning work
2 Whether reliefs not pleaded in CMA Form I were improperly awarded
3 Whether respondent was entitled to benefits given alleged abscondment

Ratio Decidendi

Respondent absconded employment; no evidence of unfair termination; only salary arrears as per Exhibit PI are justified; other reliefs are unjustified and quashed.

Court Disposition

revision allowed; award partially quashed

Orders

Applicant to pay respondent 2,088,000 Tshs as salary arrears
All other reliefs in the award quashed and set aside