simpli safe security group co ltd vs ramadhani juma msanja 2021 tzhcld 484 5 november 2021

simpli safe security group co ltd vs ramadhani juma msanja 2021 tzhcld 484 5 november 2021

The applicant failed to prove that the respondent was not terminated or that termination was fair. The employer did not provide evidence of proper procedure or records regarding the respondent's absence or termination process. The Commission's finding of unfair termination and the award of compensation and benefits were justified.

Citation
simpli safe security group co ltd vs ramadhani juma msanja 2021 tzhcld 484 5 november 2021
Parties
Applicant: Simpli Safe Security Group Co Ltd; Respondent: Ramadhani Juma Msanja
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
5 November 2021
Procedural Posture
Labour Revision / Judgment on Revision From Commission for Mediation & Arbitration
Outcome
Application dismissed
Legal Topics
Unfair Termination, Employment Contract, Compensation for Unfair Dismissal, Procedural Fairness in Termination
Source Language
English
Labour Law Unfair Termination Employment Contract Compensation for Unfair Dismissal Procedural Fairness in Termination

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Parties

Simpli Safe Security Group Co Ltd

Applicant

Ramadhani Juma Msanja

Respondent

Procedural Posture

Labour Revision / Judgment on Revision From Commission for Mediation & Arbitration

Legal Issues

  1. 1 Whether the respondent's termination was fair
  2. 2 Whether the Commission for Mediation & Arbitration erred in awarding compensation and benefits

Ratio Decidendi

The applicant failed to prove that the respondent was not terminated or that termination was fair. The employer did not provide evidence of proper procedure or records regarding the respondent's absence or termination process. The Commission's finding of unfair termination and the award of compensation and benefits were justified.

Court Disposition

Application dismissed

Orders

  • Application dismissed in its entirety
  • No order as to costs