tanpack tissues limited vs batuli juma shabani 2022 tzhcld 159 28 march 2022

tanpack tissues limited vs batuli juma shabani 2022 tzhcld 159 28 march 2022

The applicant failed to follow mandatory procedures for termination of a probationary employee, specifically notification of performance concerns and opportunity to improve. However, the compensation awarded by the Arbitrator was excessive given the respondent's probationary status and admitted underperformance. The award is revised to three months' salary as compensation for unfair labour practice.

Citation
tanpack tissues limited vs batuli juma shabani 2022 tzhcld 159 28 march 2022
Parties
Applicant: Tanpack Tissues Limited; Respondent: Batuli Juma Shabani
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 March 2022
Procedural Posture
Labour Revision / Judgment
Outcome
Application partly allowed; CMA award revised.
Legal Topics
Probationary Employment, Termination Procedures, Unfair Labour Practice, Compensation
Source Language
English
Labour Law Probationary Employment Termination Procedures Unfair Labour Practice Compensation

Case Brief

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Parties

Tanpack Tissues Limited

Applicant

Batuli Juma Shabani

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the Arbitrator properly awarded compensation for unfair labour practice during probationary employment
  2. 2 Whether termination procedures for probationary employees were followed
  3. 3 Whether the respondent was entitled to compensation despite alleged misconduct

Ratio Decidendi

The applicant failed to follow mandatory procedures for termination of a probationary employee, specifically notification of performance concerns and opportunity to improve. However, the compensation awarded by the Arbitrator was excessive given the respondent's probationary status and admitted underperformance. The award is revised to three months' salary as compensation for unfair labour practice.

Court Disposition

Application partly allowed; CMA award revised.

Orders

  • Applicant to pay respondent compensation equivalent to three months' salary (Tshs. 2,273,400) for unfair labour practice.
  • CMA award of eight months compensation quashed and set aside.