20140827 TZHC Dar es Salaam

20140827 TZHC Dar es Salaam

Failure by the respondent to renew the contract on similar terms amounted to termination as defined under section 36(a)(iii) of the ELRA; applicants were unfairly terminated and entitled to compensation, severance, and transport.

Citation
20140827 TZHC Dar es Salaam
Parties
Applicant: Shedrack Haruna & 16 Others; Respondent: Interchick Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 August 2014
Procedural Posture
Labour Revision / Judgment
Outcome
Application successful; Arbitrator's decision quashed.
Legal Topics
Unfair Termination, Fixed Term Contracts, Employee Entitlements, Contract Renewal
Source Language
English
Labour Law Unfair Termination Fixed Term Contracts Employee Entitlements Contract Renewal

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Parties

Shedrack Haruna & 16 Others

Applicant

Interchick Company Ltd

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether failure to renew a fixed term contract on similar terms amounts to termination
  2. 2 Whether respondent was entitled to change contract terms unilaterally
  3. 3 Entitlement to transport and severance payments

Ratio Decidendi

Failure by the respondent to renew the contract on similar terms amounted to termination as defined under section 36(a)(iii) of the ELRA; applicants were unfairly terminated and entitled to compensation, severance, and transport.

Court Disposition

Application successful; Arbitrator's decision quashed.

Orders

  • Respondent to pay each applicant compensation equal to 12 months salary at the rate at termination.
  • Respondent to pay severance for 2 years and 7 days worked.