serenity on the lake ltd vs dorcas martin nyanda 2019 tzca 64 11 april 2019

serenity on the lake ltd vs dorcas martin nyanda 2019 tzca 64 11 april 2019

The respondent's employment was under a fixed-term contract of less than six months, renewed periodically, and thus the law on unfair termination did not apply; the High Court erred in awarding compensation and finding the termination unfair.

Citation
serenity on the lake ltd vs dorcas martin nyanda 2019 tzca 64 11 april 2019
Parties
Appellant: Serenity on the Lake Ltd; Respondent: Dorcus Martin Nyanda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 April 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court (labour Division) Decision in Revision No. 24 of 2017
Outcome
Appeal allowed
Legal Topics
Unfair Termination, Fixed Term Contracts, Employment Procedure, Compensation for Termination
Source Language
English
Labour Law Employment Law Unfair Termination Fixed Term Contracts Employment Procedure Compensation for Termination

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Parties

Serenity on the Lake Ltd

Appellant

Dorcus Martin Nyanda

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court (labour Division) Decision in Revision No. 24 of 2017

Legal Issues

  1. 1 Whether the respondent's termination was unfair under Tanzanian labour law given the fixed-term nature of her contract and duration of employment
  2. 2 Whether the High Court erred in awarding compensation for unfair termination
  3. 3 Whether the respondent had locus standi to claim unfair termination given her period of employment

Ratio Decidendi

The respondent's employment was under a fixed-term contract of less than six months, renewed periodically, and thus the law on unfair termination did not apply; the High Court erred in awarding compensation and finding the termination unfair.

Court Disposition

Appeal allowed

Orders

  • Decision and award of the High Court quashed and set aside
  • No order as to costs