proguards security services vs wadhifa yanda bashiru 2021 tzhcld 75 16 aprili 2021

proguards security services vs wadhifa yanda bashiru 2021 tzhcld 75 16 aprili 2021

The applicant failed to prove that the respondent abandoned work or was lawfully terminated without notice. The Commission correctly found the termination unfair and awarded compensation for the remaining contract period and notice pay.

Citation
proguards security services vs wadhifa yanda bashiru 2021 tzhcld 75 16 aprili 2021
Parties
Applicant: Proguards Security Services; Respondent: Wadhifa Yanda Bashiru
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Probationary Employment, Notice Requirements, Employment Contract
Source Language
English
Labour Law Unfair Termination Probationary Employment Notice Requirements Employment Contract

Case Brief

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Parties

Proguards Security Services

Applicant

Wadhifa Yanda Bashiru

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondent was unfairly terminated
  2. 2 Whether the respondent was entitled to notice pay during probation
  3. 3 Whether the Commission's decision was correct

Ratio Decidendi

The applicant failed to prove that the respondent abandoned work or was lawfully terminated without notice. The Commission correctly found the termination unfair and awarded compensation for the remaining contract period and notice pay.

Court Disposition

Application dismissed

Orders

  • Commission's award confirmed
  • Applicant to pay respondent three months' salary and one month in lieu of notice, totaling TZS 400,000