msafiri busagi vs sandvik mining and construction tanzania ltd 2014 tzhcld 1 17 february 2014

msafiri busagi vs sandvik mining and construction tanzania ltd 2014 tzhcld 1 17 february 2014

The employer failed to prove that an objective enquiry was conducted regarding the nature and cause of the employee's ill-health, and did not provide evidence from an independent registered medical practitioner. Therefore, the termination was substantially and procedurally unfair, warranting compensation.

Citation
msafiri busagi vs sandvik mining and construction tanzania ltd 2014 tzhcld 1 17 february 2014
Parties
Applicant/respondent: Msafiri Busagi; Respondent/applicant: Sandvik Mining and Construction Tanzania Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 February 2014
Procedural Posture
Labour Revision (consolidated) / Judgment
Outcome
Termination found to be unfair; Arbitrator's decision quashed in part.
Legal Topics
Unfair Termination, Procedural Fairness, Termination on Medical Grounds, Compensation for Unfair Dismissal
Source Language
English
Labour Law Unfair Termination Procedural Fairness Termination on Medical Grounds Compensation for Unfair Dismissal

Case Brief

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Parties

Msafiri Busagi

Applicant/respondent

Sandvik Mining and Construction Tanzania Ltd

Respondent/applicant

Procedural Posture

Labour Revision (consolidated) / Judgment

Legal Issues

  1. 1 Whether the termination of the employee while undergoing medical treatment was unfair
  2. 2 Whether the employer followed the prescribed procedures for termination on grounds of ill-health
  3. 3 Whether the compensation awarded was appropriate given the degree of procedural non-compliance

Ratio Decidendi

The employer failed to prove that an objective enquiry was conducted regarding the nature and cause of the employee's ill-health, and did not provide evidence from an independent registered medical practitioner. Therefore, the termination was substantially and procedurally unfair, warranting compensation.

Court Disposition

Termination found to be unfair; Arbitrator's decision quashed in part.

Orders

  • Employer to pay compensation to the employee equivalent to 12 months' salary at the rate earned at termination.