registered trustees of evangelical lutheran church in tanzania morogoro diocese vs reginald makule na wengineo 2021 tzhcld 143 3 juni 2021

registered trustees of evangelical lutheran church in tanzania morogoro diocese vs reginald makule na wengineo 2021 tzhcld 143 3 juni 2021

The complaints were filed within the statutory limitation period as interpreted by law. The employer failed to prove valid reasons and proper procedures for termination. Internal remedies were exhausted. The Commission erred in awarding 14 months' salary, which is set aside. Compensation is increased from 24 to 36...

Source-derived case information.

Citation
registered trustees of evangelical lutheran church in tanzania morogoro diocese vs reginald makule na wengineo 2021 tzhcld 143 3 juni 2021
Parties
Applicant: The Registered Trustees of Evangelical Lutheran Church in Tanzania, Morogoro Diocese; Respondent: Reginald Makule; Respondent: Frank Peter Bogasi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Labour Revision (consolidated Applications No. 27 & 37 of 2020) / Judgment After Hearing of Consolidated Revision Applications
Outcome
Applications partly allowed; Commission's award varied.
Legal Topics
Unfair Termination, Internal Disciplinary Procedures, Jurisdiction of Commission for Mediation and Arbitration, Calculation of Limitation Period, Remedies for Unfair Dismissal, Defamation in Employment Context
Source Language
en
Labour Law Unfair Termination Internal Disciplinary Procedures Jurisdiction of Commission for Mediation and Arbitration Calculation of Limitation Period Remedies for Unfair Dismissal Defamation in Employment Context

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Parties

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

Applicant

Reginald Makule

Respondent

Frank Peter Bogasi

Respondent

Procedural Posture

Labour Revision (consolidated Applications No. 27 & 37 of 2020) / Judgment After Hearing of Consolidated Revision Applications

  1. 1 Whether the complaints before the Commission were filed out of time
  2. 2 Whether the employer had valid reasons for terminating the employees
  3. 3 Whether proper procedures for termination were followed

Ratio Decidendi

The complaints were filed within the statutory limitation period as interpreted by law. The employer failed to prove valid reasons and proper procedures for termination. Internal remedies were exhausted. The Commission erred in awarding 14 months' salary, which is set aside. Compensation is increased from 24 to 36 months' salary due to difficulty in securing alternative employment. Defamation claim was personal against the Bishop, not the employer institution.

Court Disposition

Applications partly allowed; Commission's award varied.

Orders

  • Award of 14 months' salary set aside.
  • Compensation for unfair termination increased to 36 months' salary for each respondent at TZS 530,000 per month.