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
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Parties
The Copy Cat (T) Ltd
Applicant
Mariam Chamba
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 whether the respondent was constructively terminated from employment
- 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
Full Case Text
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