tib development bank limited vs roman masumbuko 2020 tzhcld 16 18 september 2020

The respondent failed to prove existence of intolerable conditions imposed by the employer; resignation was voluntary and not constructive termination.

Citation: tib development bank limited vs roman masumbuko 2020 tzhcld 16 18 september 2020
Parties: Applicant: TIB Development Bank Limited; Respondent: Roman Masumbuko
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 18 September 2020
Procedural Posture: Labour Revision / Final Judgment
Outcome: application allowed
Legal Topics: Constructive Termination, Unfair Termination, Compensation, Study Leave, Employment Contract
Source Language: English

Labour Law Constructive Termination Unfair Termination Compensation Study Leave Employment Contract

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4

Parties

TIB Development Bank Limited

Applicant

Roman Masumbuko

Respondent

Procedural Posture

Labour Revision / Final Judgment

Legal Issues

1 Whether the respondent was constructively terminated
2 Whether the arbitrator properly awarded reliefs not sought
3 Whether the applicant's act of not paying salary amounted to constructive termination

Ratio Decidendi

The respondent failed to prove existence of intolerable conditions imposed by the employer; resignation was voluntary and not constructive termination.

Court Disposition

application allowed

Orders

arbitrator's award quashed and set aside
respondent not constructively terminated