valentine shipula vs oxfam gb 2022 tzhc 15179 15 december 2022

valentine shipula vs oxfam gb 2022 tzhc 15179 15 december 2022

The respondent failed to follow proper procedure for redundancy and early termination of the fixed term contract. The applicant was entitled to compensation for the remainder of the contracted time as statutory entitlement.

Citation
valentine shipula vs oxfam gb 2022 tzhc 15179 15 december 2022
Parties
Applicant: Valentine Shipula; Respondent: Oxfam GB
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 December 2022
Procedural Posture
Labour Revision / Judgment
Outcome
Application granted; award by Commission for Mediation and Arbitration quashed and set aside.
Legal Topics
Termination of Fixed Term Contract, Compensation for Breach of Contract, Unfair Labour Practice, Redundancy, Procedural Fairness
Source Language
English
Labour Law Termination of Fixed Term Contract Compensation for Breach of Contract Unfair Labour Practice Redundancy Procedural Fairness

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Parties

Valentine Shipula

Applicant

Oxfam GB

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to compensation for breach of contract due to early termination
  2. 2 Whether the respondent had a valid reason to terminate the fixed term contract
  3. 3 Whether proper procedure was followed in terminating the contract

Ratio Decidendi

The respondent failed to follow proper procedure for redundancy and early termination of the fixed term contract. The applicant was entitled to compensation for the remainder of the contracted time as statutory entitlement.

Court Disposition

Application granted; award by Commission for Mediation and Arbitration quashed and set aside.

Orders

  • Respondent to pay applicant compensation for the remainder of the contracted time.