silver justine vs leopard tours ltd 2021 tzhc 7391 29 november 2021

silver justine vs leopard tours ltd 2021 tzhc 7391 29 november 2021

The applicant failed to prove suspension or constructive termination by the respondent. The arbitrator's omission to list all issues was an error but not prejudicial, as the dispositive issues were addressed. The applicant is only entitled to salary for December 2014 and half of January 2015, as he did not report to...

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Citation
silver justine vs leopard tours ltd 2021 tzhc 7391 29 november 2021
Parties
Applicant: Silver Justine; Respondent: Leopard Tours Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2021
Procedural Posture
Labour Revision / Judgment on Revision From CMA Award
Outcome
Application dismissed in part
Legal Topics
Unpaid Salaries, Constructive Termination, Suspension Pending Criminal Proceedings, Abscondment From Work, Procedural Fairness in Arbitration
Source Language
english
Labour Law Unpaid Salaries Constructive Termination Suspension Pending Criminal Proceedings Abscondment From Work Procedural Fairness in Arbitration

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Parties

Silver Justine

Applicant

Leopard Tours Limited

Respondent

Procedural Posture

Labour Revision / Judgment on Revision From CMA Award

Legal Issues

  1. 1 Whether the arbitrator erred in law and fact by failing to consider all framed issues
  2. 2 Whether the arbitrator erred in law and fact by failing to analyze the evidence before him

Ratio Decidendi

The applicant failed to prove suspension or constructive termination by the respondent. The arbitrator's omission to list all issues was an error but not prejudicial, as the dispositive issues were addressed. The applicant is only entitled to salary for December 2014 and half of January 2015, as he did not report to work or provide reasons for absence after release on bail.

Court Disposition

Application dismissed in part

Orders

  • Respondent to pay applicant salary for December 2014 and half salary for January 2015 at Tshs. 150,000 per month
  • CMA award otherwise confirmed