20121009 TZHC Dar es Salaam

20121009 TZHC Dar es Salaam

The substitution of dismissal with termination under section 25(1)(b) is declaratory and does not entitle the employee to salaries or benefits beyond the date of dismissal. The effective date of termination is the date of dismissal, not the date of the Minister's order.

Citation
20121009 TZHC Dar es Salaam
Parties
Applicant: Security Group (T) Ltd; Respondent: Remigius Mgunya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 October 2012
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
application allowed
Legal Topics
Summary Dismissal, Lawful Termination, Terminal Benefits, Execution of Labour Board Orders
Source Language
English
Labour Law Employment Law Summary Dismissal Lawful Termination Terminal Benefits Execution of Labour Board Orders

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Parties

Security Group (T) Ltd

Applicant

Remigius Mgunya

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 What was the effect of the Minister's order?
  2. 2 When did the Respondent's termination commence?

Ratio Decidendi

The substitution of dismissal with termination under section 25(1)(b) is declaratory and does not entitle the employee to salaries or benefits beyond the date of dismissal. The effective date of termination is the date of dismissal, not the date of the Minister's order.

Court Disposition

application allowed

Orders

  • The decision and orders of the District Court are quashed and set aside.
  • No order as to costs.