20051101 TZHC Dar es Salaam

Respondents were lawfully suspended on half pay during the pendency of criminal proceedings and are entitled to half salary for that period only. They are not entitled to the other half salary, accumulated leave, leave allowance, or transport allowance as they did not render services during suspension.

Citation: 20051101 TZHC Dar es Salaam
Parties: Appellant: Security Group (T) Ltd; Respondent: Kurwa Joseph; Respondent: Salum Kitua
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 November 2005
Procedural Posture: Civil Appeal / Judgment
Outcome: Appeal partly allowed and partly dismissed.
Legal Topics: Suspension on Half Pay, Employee Entitlements During Suspension, Leave Entitlement, Transport Allowance, Limitation of Appeal
Source Language: English

Employment Law Suspension on Half Pay Employee Entitlements During Suspension Leave Entitlement Transport Allowance Limitation of Appeal

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Security Group (T) Ltd

Appellant

Kurwa Joseph

Respondent

Salum Kitua

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether respondents were entitled to half salary during suspension pending criminal proceedings
2 Whether respondents were entitled to accumulated leave, leave allowance, and transport allowance during suspension

Ratio Decidendi

Court Disposition

Appeal partly allowed and partly dismissed.

Orders

Respondents entitled to half salary during suspension from April 1999 to 4 September 2001.
Respondents not entitled to other half salary, accumulated leave, leave allowance, or transport allowance.