20051101 TZHC Dar es Salaam

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

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, Annual Leave Eligibility, Leave Allowance, Transport Allowance, Effect of Acquittal on Employment Benefits
Source Language: English

Employment Law Suspension on Half Pay Employee Entitlements During Suspension Annual Leave Eligibility Leave Allowance Transport Allowance Effect of Acquittal on Employment Benefits

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 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 are entitled to payment of the other half of salary withheld during suspension after acquittal
2 Whether respondents are entitled to annual leave, leave allowance, and transport allowance during suspension

Ratio Decidendi

Court Disposition

appeal partly allowed and partly dismissed

Orders

Respondents entitled to half salary for period of suspension pending criminal case (April 1999 to 4 September 2001)
Respondents not entitled to the other half of salary, annual leave, leave allowance, or transport allowance for period of suspension