20131204 TZHC Arusha
The retrenchment was unlawful as no prior notice was issued to the respondents before the exercise commenced, and consultations were only about restructuring, not retrenchment. Therefore, the respondents are entitled to compensation of not less than twelve months' salary in addition to terminal benefits already paid.
- Citation
- 20131204 TZHC Arusha
- Parties
- Applicant: Tanzanite One Mining Ltd; Respondent: Maysara Said
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 December 2013
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- Application dismissed. Respondents awarded compensation.
- Legal Topics
- Retrenchment, Severance Allowance, Unlawful Termination, Procedural Fairness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tanzanite One Mining Ltd
Applicant
Maysara Said
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the respondents were entitled to severance allowance and other remedies
- 2 Whether the arbitrator's order was in conformity with the law
Ratio Decidendi
The retrenchment was unlawful as no prior notice was issued to the respondents before the exercise commenced, and consultations were only about restructuring, not retrenchment. Therefore, the respondents are entitled to compensation of not less than twelve months' salary in addition to terminal benefits already paid.
Court Disposition
Application dismissed. Respondents awarded compensation.
Orders
- Applicants to pay each respondent compensation of not less than twelve months' salary in addition to terminal benefits already paid.
Full Case Text
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