robert hamis pazi vs nmb plc 2023 tzhcld 1131 17 february 2023

robert hamis pazi vs nmb plc 2023 tzhcld 1131 17 february 2023

Termination of employment was fair both substantively and procedurally as the employee absconded from work without communication for an extended period, and the employer complied with procedural requirements. The arbitrator's order for payment of repatriation costs and leave pay was erroneous and is set aside.

Citation
robert hamis pazi vs nmb plc 2023 tzhcld 1131 17 february 2023
Parties
Applicant/respondent: Robert Hamis Pazi; Respondent/applicant: National Microfinance Bank (NMB Bank PLC)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 February 2023
Procedural Posture
Labour Revision / Judgment
Outcome
Revision Application No. 320 of 2022 dismissed; Revision Application No. 376 of 2022 allowed; CMA award and orders quashed and set aside.
Legal Topics
Unfair Termination, Absenteeism, Procedural Fairness, Substantive Fairness, Admissibility of Evidence
Source Language
English
Labour Law Unfair Termination Absenteeism Procedural Fairness Substantive Fairness Admissibility of Evidence

Case Brief

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Parties

Robert Hamis Pazi

Applicant/respondent

National Microfinance Bank (NMB Bank PLC)

Respondent/applicant

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether termination of employment was fair both substantively and procedurally
  2. 2 Whether the employee was denied the right to be heard
  3. 3 Whether the arbitrator erred in admitting or rejecting evidence of payment

Ratio Decidendi

Termination of employment was fair both substantively and procedurally as the employee absconded from work without communication for an extended period, and the employer complied with procedural requirements. The arbitrator's order for payment of repatriation costs and leave pay was erroneous and is set aside.

Court Disposition

Revision Application No. 320 of 2022 dismissed; Revision Application No. 376 of 2022 allowed; CMA award and orders quashed and set aside.

Orders

  • CMA award and orders arising therefrom quashed and set aside
  • No payment of repatriation costs or leave pay to employee