20131108 TZHC Mbeya2

20131108 TZHC Mbeya2

There was no valid reason for termination as the evidence did not prove the applicant took loans using other people's names; the applicant is entitled to compensation for unfair termination and severance pay for three years of completed service.

Citation
20131108 TZHC Mbeya2
Parties
Applicant: Peter Mwambuga; Respondent: RSTGA SACCOS Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2013
Procedural Posture
Labour Revision / Judgment
Outcome
Application partly allowed
Legal Topics
Unfair Termination, Severance Pay, Employment Contracts, Compensation
Source Language
English
Labour Law Unfair Termination Severance Pay Employment Contracts Compensation

Case Brief

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Parties

Peter Mwambuga

Applicant

RSTGA SACCOS Limited

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the termination of the applicant was substantively fair
  2. 2 Whether the applicant was properly awarded compensation and severance pay

Ratio Decidendi

There was no valid reason for termination as the evidence did not prove the applicant took loans using other people's names; the applicant is entitled to compensation for unfair termination and severance pay for three years of completed service.

Court Disposition

Application partly allowed

Orders

  • CMA award revised to grant applicant compensation of 24 months' salary (Tshs. 10,032,000)
  • Applicant entitled to severance payment for three years of the contract ended on 30/6/2012