richard werema vs tanesco 2018 tzhcld 6 20 march 2018

richard werema vs tanesco 2018 tzhcld 6 20 march 2018

The Court found that the respondent had no valid reason to terminate the applicant and failed to follow fair procedures as required by law. The employer's actions amounted to unfair labour practice, and the termination was both substantively and procedurally unfair. The CMA award and the employer's decision to terminate were quashed and set aside.

Citation
richard werema vs tanesco 2018 tzhcld 6 20 march 2018
Parties
Applicant: Richard Werema; Respondent: TANESCO
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
20 March 2018
Procedural Posture
Labour Revision / Judgment
Outcome
Application granted; CMA award and termination quashed and set aside.
Legal Topics
Unfair Termination, Employment Rights, Procedural Fairness, Reinstatement, Compensation
Source Language
English
Labour Law Unfair Termination Employment Rights Procedural Fairness Reinstatement Compensation

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Richard Werema

Applicant

TANESCO

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether there was a valid reason for termination of the applicant
  2. 2 Whether a fair procedure was followed before termination
  3. 3 What reliefs are entitled to the parties

Ratio Decidendi

The Court found that the respondent had no valid reason to terminate the applicant and failed to follow fair procedures as required by law. The employer's actions amounted to unfair labour practice, and the termination was both substantively and procedurally unfair. The CMA award and the employer's decision to terminate were quashed and set aside.

Court Disposition

Application granted; CMA award and termination quashed and set aside.

Orders

  • Applicant to be reinstated to the post of Mains Supervisor without loss of remuneration as per Section 40(1)(a) of the Employment and Labour Relations Act No. 6/2004.
  • If reinstatement is not effected, respondent to pay compensation of 12 months' wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment.