tanzania electric supply company limited vs ramadhani m mgaya 2021 tzhcld 301 20 agosti 2021

tanzania electric supply company limited vs ramadhani m mgaya 2021 tzhcld 301 20 agosti 2021

The applicant proved, on the balance of probabilities, that the respondent submitted a forged certificate and that proper procedures for dismissal were followed, making the termination lawful.

Source-derived case information.

Citation
tanzania electric supply company limited vs ramadhani m mgaya 2021 tzhcld 301 20 agosti 2021
Parties
Applicant: Tanzania Electric Supply Company Limited; Respondent: Ramadhani M. Mgaya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision / Final Judgment
Outcome
Application allowed; award of reinstatement set aside.
Legal Topics
Unlawful Termination, Employment Certificate Forgery, Procedural Fairness in Dismissal
Source Language
en
Labour Law Unlawful Termination Employment Certificate Forgery Procedural Fairness in Dismissal

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Parties

Tanzania Electric Supply Company Limited

Applicant

Ramadhani M. Mgaya

Respondent

Procedural Posture

Labour Revision / Final Judgment

  1. 1 Whether the respondent was unlawfully terminated
  2. 2 Whether proper procedures were followed in the dismissal
  3. 3 Whether the respondent submitted a forged certificate

Ratio Decidendi

The applicant proved, on the balance of probabilities, that the respondent submitted a forged certificate and that proper procedures for dismissal were followed, making the termination lawful.

Court Disposition

Application allowed; award of reinstatement set aside.

Orders

  • Award of reinstatement is quashed.
  • If respondent was not paid arrears for May-August 2017 as claimed in CMA Fl, he is entitled to those payments.