simon daniel another vs ngorongoro olden mountain lodge 2022 tzhc 46 27 january 2022

simon daniel another vs ngorongoro olden mountain lodge 2022 tzhc 46 27 january 2022

Applicants were fairly terminated for valid reasons and proper procedures were followed, but respondent failed to prove payment of terminal benefits; applicants are entitled to payment in lieu of notice, salary arrears, and annual leave.

Citation
simon daniel another vs ngorongoro olden mountain lodge 2022 tzhc 46 27 january 2022
Parties
Applicant: Simon Daniel; Applicant: Fransis Kwaslema; Respondent: Ngorongoro Oldeani Mountain Lodge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 January 2022
Procedural Posture
Labour Revision / Judgment
Outcome
partly allowed
Legal Topics
Unfair Termination, Employee Entitlements, Termination Procedure
Source Language
English
Labour Law Unfair Termination Employee Entitlements Termination Procedure

Case Brief

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Parties

Simon Daniel

Applicant

Fransis Kwaslema

Applicant

Ngorongoro Oldeani Mountain Lodge

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 whether the applicants were unfairly terminated
  2. 2 whether proper termination procedures were followed
  3. 3 whether applicants are entitled to terminal benefits

Ratio Decidendi

Applicants were fairly terminated for valid reasons and proper procedures were followed, but respondent failed to prove payment of terminal benefits; applicants are entitled to payment in lieu of notice, salary arrears, and annual leave.

Court Disposition

partly allowed

Orders

  • Respondent to pay each applicant Tshs. 150,000 as salary for September 2019
  • Respondent to pay each applicant Tshs. 150,000 as one-month salary in lieu of notice