the copy cat t ltd vs mariam chamba 2020 tzhcld 19 4 september 2020

the copy cat t ltd vs mariam chamba 2020 tzhcld 19 4 september 2020

The applicant's conduct made the respondent's employment intolerable, resulting in constructive termination. The respondent was not given a fair opportunity to defend herself, and the employer's actions infringed her right to work. The award of general damages and compensation is justified.

Citation
the copy cat t ltd vs mariam chamba 2020 tzhcld 19 4 september 2020
Parties
Applicant: The Copy Cat (T) Ltd; Respondent: Mariam Chamba
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
4 September 2020
Procedural Posture
Labour Revision / Judgment
Outcome
application dismissed
Legal Topics
Constructive Termination, Unfair Dismissal, Damages, Compensation
Source Language
English

Case Brief

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Copy Cat (T) Ltd

Applicant

Mariam Chamba

Respondent

Procedural Posture

Labour Revision / Judgment

  1. 1 whether the respondent was constructively terminated from employment
  2. 2 what reliefs are the parties entitled to

Ratio Decidendi

The applicant's conduct made the respondent's employment intolerable, resulting in constructive termination. The respondent was not given a fair opportunity to defend herself, and the employer's actions infringed her right to work. The award of general damages and compensation is justified.

Court Disposition

application dismissed

Orders

  • Arbitrator's award upheld
  • Applicant to pay respondent 12 months compensation for unfair termination