20151106 TZHC Dar es Salaam

20151106 TZHC Dar es Salaam

The respondents were employees of the applicant from 1 June 2011 to 1 December 2011, as the applicant exercised control, integrated them into its organization, and provided tools of trade. The arrangement with CSSC was for payroll purposes only and did not alter the employment relationship. The termination was both substantively and procedurally unfair, as the respondents were not given a fair opportunity to be heard and the employer did not follow due process.

Citation
20151106 TZHC Dar es Salaam
Parties
Applicant: USAID Wajibika Project; Respondent: Joseph Mandago; Respondent: Edwin Nkwanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 2015
Procedural Posture
Labour Revision / Judgment
Outcome
Revision dismissed. Award of the Commission for Mediation and Arbitration upheld.
Legal Topics
Employment Relationship, Unfair Termination, Secondment, Employee Vs Contractor Distinction
Source Language
English
Labour Law Employment Relationship Unfair Termination Secondment Employee Vs Contractor Distinction

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 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

USAID Wajibika Project

Applicant

Joseph Mandago

Respondent

Edwin Nkwanga

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondents were employees or independent contractors
  2. 2 Who was the employer of the respondents: USAID Wajibika Project or Christian Social Services Commission
  3. 3 Whether the termination of the respondents was substantively and procedurally fair

Ratio Decidendi

The respondents were employees of the applicant from 1 June 2011 to 1 December 2011, as the applicant exercised control, integrated them into its organization, and provided tools of trade. The arrangement with CSSC was for payroll purposes only and did not alter the employment relationship. The termination was both substantively and procedurally unfair, as the respondents were not given a fair opportunity to be heard and the employer did not follow due process.

Court Disposition

Revision dismissed. Award of the Commission for Mediation and Arbitration upheld.

Orders

  • Respondents awarded 14 days leave pay due but not taken.
  • Respondents awarded twelve months salary for unfair termination, totaling Tzs. 72,180,500.