unique financial services vs elizabeth mkopi 2021 tzhcld 34 10 march 2021
The respondent was not terminated due to pregnancy, nor did she have a reasonable expectation of renewal of her fixed term contract. The contract expired by its terms, and there was no evidence of discrimination or an enforceable expectation of renewal. The CMA's award of compensation was therefore quashed.
- Citation
- unique financial services vs elizabeth mkopi 2021 tzhcld 34 10 march 2021
- Parties
- Applicant: Unique Financial Services; Respondent: Elizabeth Mkopi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 10 March 2021
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- application allowed
- Legal Topics
- Fixed Term Contract, Unfair Termination, Discrimination, Expectation of Renewal, Compensation, Pregnancy Discrimination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Unique Financial Services
Applicant
Elizabeth Mkopi
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the respondent was terminated by the applicant
- 2 Whether the respondent was entitled to reliefs for unfair termination
Ratio Decidendi
The respondent was not terminated due to pregnancy, nor did she have a reasonable expectation of renewal of her fixed term contract. The contract expired by its terms, and there was no evidence of discrimination or an enforceable expectation of renewal. The CMA's award of compensation was therefore quashed.
Court Disposition
application allowed
Orders
- CMA's award quashed and set aside
- No compensation payable to respondent
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