20140917 TZHC Dar es Salaam4

20140917 TZHC Dar es Salaam4

The respondents' termination was substantively fair due to proven misconduct and poor performance but was procedurally unfair as the employer failed to comply with mandatory disciplinary procedures. The appropriate remedy is compensation of twelve months' salary, not reinstatement.

Citation
20140917 TZHC Dar es Salaam4
Parties
Applicant: Small Industries Development Organisation; 1st Respondent: Amina Kaumo; 2nd Respondent: Liberatus Maganya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 September 2014
Procedural Posture
Labour Revision / Judgment
Outcome
Application partly allowed
Legal Topics
Unfair Termination, Procedural Fairness, Substantive Fairness, Remedies for Unfair Termination
Source Language
English
Labour Law Unfair Termination Procedural Fairness Substantive Fairness Remedies for Unfair Termination

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Parties

Small Industries Development Organisation

Applicant

Amina Kaumo

1st Respondent

Liberatus Maganya

2nd Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether there were valid reasons for terminating the respondents' employment
  2. 2 Whether the termination followed fair procedure
  3. 3 Whether reinstatement or compensation is the appropriate remedy

Ratio Decidendi

The respondents' termination was substantively fair due to proven misconduct and poor performance but was procedurally unfair as the employer failed to comply with mandatory disciplinary procedures. The appropriate remedy is compensation of twelve months' salary, not reinstatement.

Court Disposition

Application partly allowed

Orders

  • Arbitrator's award quashed and set aside
  • Respondents to be paid compensation of twelve months' salaries