seth mbena vs intertek testing services east africa pty ltd 2022 tzhcld 1107 16 december 2022

seth mbena vs intertek testing services east africa pty ltd 2022 tzhcld 1107 16 december 2022

The respondent failed to prove abscondment and did not provide valid or fair reasons for termination. Procedural fairness was not observed as the applicant was not effectively served with disciplinary documents, violating principles of natural justice. The termination was unfair both substantively and procedurally.

Source-derived case information.

Citation
seth mbena vs intertek testing services east africa pty ltd 2022 tzhcld 1107 16 december 2022
Parties
Applicant: Seth Mbena; Respondent: Intertek Testing Services (East Africa (Pty) Ltd)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 December 2022
Procedural Posture
Application for Revision / Judgment
Outcome
Application allowed; CMA award revised, quashed, and set aside.
Legal Topics
Unfair Termination, Procedural Fairness, Substantive Fairness, Compensation, Natural Justice
Source Language
english
Labour Law Unfair Termination Procedural Fairness Substantive Fairness Compensation Natural Justice

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Parties

Seth Mbena

Applicant

Intertek Testing Services (East Africa (Pty) Ltd)

Respondent

Procedural Posture

Application for Revision / Judgment

Legal Issues

  1. 1 Whether the applicant adduced sufficient grounds for revision of the CMA award
  2. 2 Whether the termination was substantively and procedurally fair
  3. 3 What reliefs are parties entitled to

Ratio Decidendi

The respondent failed to prove abscondment and did not provide valid or fair reasons for termination. Procedural fairness was not observed as the applicant was not effectively served with disciplinary documents, violating principles of natural justice. The termination was unfair both substantively and procedurally.

Court Disposition

Application allowed; CMA award revised, quashed, and set aside.

Orders

  • Applicant awarded compensation of 12 months remuneration and other statutory benefits in accordance with Section 44 of CAP 366 of 2019 R.E, if not yet paid.
  • No orders as to costs.