registered trustees of evangelical lutheran church in tanzania morogoro diocese vs simoni h loko and wengineo 2021 tzhcld 136 4 juni 2021

registered trustees of evangelical lutheran church in tanzania morogoro diocese vs simoni h loko and wengineo 2021 tzhcld 136 4 juni 2021

The employees' joint claim was properly instituted as per the applicable regulations. The employer failed to prove that the termination was substantively and procedurally fair, as the employees were terminated before the expiry of the period given to comply with the employer's directive, and disciplinary procedures...

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Citation
registered trustees of evangelical lutheran church in tanzania morogoro diocese vs simoni h loko and wengineo 2021 tzhcld 136 4 juni 2021
Parties
Applicant: The Registered Trustees of Evangelical Lutheran Church in Tanzania, Morogoro Diocese; Respondent 1: Simoni H. Loko; Respondent 2: William Mitimingi; Respondent 3: Japhet Gogo; Respondent 4: Peter Makala; Respondent 5: Hosea Mmbaga; Respondent 6: Ezekiel Lukanda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision (consolidated) / Judgment After Hearing of Consolidated Revision Applications
Outcome
Partly allowed; revision applications granted to the extent discussed.
Legal Topics
Unfair Termination, Procedural Fairness in Dismissal, Remedies for Unfair Dismissal, Representative Suits in Labour Disputes, Internal Dispute Resolution Procedures
Source Language
en
Labour Law Unfair Termination Procedural Fairness in Dismissal Remedies for Unfair Dismissal Representative Suits in Labour Disputes Internal Dispute Resolution Procedures

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Parties

The Registered Trustees of Evangelical Lutheran Church in Tanzania, Morogoro Diocese

Applicant

Simoni H. Loko

Respondent 1

William Mitimingi

Respondent 2

Japhet Gogo

Respondent 3

Peter Makala

Respondent 4

Hosea Mmbaga

Respondent 5

Ezekiel Lukanda

Respondent 6

Procedural Posture

Labour Revision (consolidated) / Judgment After Hearing of Consolidated Revision Applications

  1. 1 Whether the representative suit by employees was properly instituted before the Commission
  2. 2 Whether the termination of employment was substantively and procedurally fair
  3. 3 What remedies are appropriate for each party

Ratio Decidendi

The employees' joint claim was properly instituted as per the applicable regulations. The employer failed to prove that the termination was substantively and procedurally fair, as the employees were terminated before the expiry of the period given to comply with the employer's directive, and disciplinary procedures were not followed. The appropriate remedy is compensation for unfair termination, not reinstatement, due to the breakdown of the employment relationship. The award of 14 months' salary was improper and is set aside; other awards remain.

Court Disposition

Partly allowed; revision applications granted to the extent discussed.

Orders

  • Award of 14 months' salary set aside.
  • Awards of 24 months' salary as compensation, severance pay, and one month's salary in lieu of notice upheld.