security group t limited vs steven gerson kizinga 2024 tzca 107 23 february 2024

security group t limited vs steven gerson kizinga 2024 tzca 107 23 february 2024

Failure by the arbitrator to sign after each witness's testimony did not occasion a miscarriage of justice and does not vitiate the proceedings; the appellant was duty bound to repatriate the respondent and pay subsistence allowance; the High Court correctly interpreted Regulation 16(1) to base subsistence allowance on the basic salary.

Citation
security group t limited vs steven gerson kizinga 2024 tzca 107 23 february 2024
Parties
Appellant/respondent: Security Group (T) Limited; Respondent/appellant: Steven Gerson Kizinga (as administrator of the estate of the late Mashaka A. Setebe)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2024
Procedural Posture
Consolidated Civil Appeal / Final Appellate Judgment
Outcome
Both appeals dismissed for lack of merit.
Legal Topics
Unfair Termination, Subsistence Allowance, Repatriation, Procedural Irregularity, Interpretation of Wage Regulations
Source Language
English
Labour Law Civil Procedure Unfair Termination Subsistence Allowance Repatriation Procedural Irregularity Interpretation of Wage Regulations

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Parties

Security Group (T) Limited

Appellant/respondent

Steven Gerson Kizinga (as administrator of the estate of the late Mashaka A. Setebe)

Respondent/appellant

Procedural Posture

Consolidated Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the arbitrator's failure to append signature at the end of each witness's testimony vitiates proceedings of the CMA
  2. 2 Whether it was proper to order subsistence allowance while the respondent refused to be repatriated
  3. 3 Whether Regulation 16(1) of the Employment and Labour Relations (General) Regulations GN. No. 47 of 2007 was properly interpreted by the High Court

Ratio Decidendi

Failure by the arbitrator to sign after each witness's testimony did not occasion a miscarriage of justice and does not vitiate the proceedings; the appellant was duty bound to repatriate the respondent and pay subsistence allowance; the High Court correctly interpreted Regulation 16(1) to base subsistence allowance on the basic salary.

Court Disposition

Both appeals dismissed for lack of merit.

Orders

  • No retrial ordered; High Court's interpretation of Regulation 16(1) upheld; subsistence allowance to be calculated at TZS 36,666 per day based on basic salary; appellant remains duty bound to repatriate respondent.