CIVIL APPEAL NO 533 OF 2020 TANZANIA 2000 ADVENTURE V GASPER MCHAKI

CIVIL APPEAL NO 533 OF 2020 TANZANIA 2000 ADVENTURE V GASPER MCHAKI

The respondent had a reasonable expectation of renewal of his fixed term contract based on repeated prior renewals, the employer's conduct, and the absence of misconduct or poor performance, making the non-renewal an unfair termination under the Employment and Labour Relations Act.

Source-derived case information.

Citation
CIVIL APPEAL NO 533 OF 2020 TANZANIA 2000 ADVENTURE V GASPER MCHAKI
Parties
Appellant: Tanzania (2000) Adventure; Respondent: Gasper Mchaki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2000
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Fixed Term Contracts, Reasonable Expectation of Renewal, Unfair Termination, Compensation for Unfair Termination
Source Language
english
Labour Law Employment Law Fixed Term Contracts Reasonable Expectation of Renewal Unfair Termination Compensation for Unfair Termination

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tanzania (2000) Adventure

Appellant

Gasper Mchaki

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether there was a reasonable expectation of renewal of a fixed term employment contract
  2. 2 Whether the non-renewal constituted unfair termination under Tanzanian law

Ratio Decidendi

The respondent had a reasonable expectation of renewal of his fixed term contract based on repeated prior renewals, the employer's conduct, and the absence of misconduct or poor performance, making the non-renewal an unfair termination under the Employment and Labour Relations Act.

Court Disposition

appeal dismissed

Orders

  • High Court decision upheld
  • Appellant to pay respondent twelve months' salary as compensation