Judgement Labour Case No

Judgement Labour Case No

The applicant failed to prove on a balance of probabilities that the respondent committed the alleged misconduct or that there was a valid and fair reason for termination. The investigation was poorly conducted, the evidence was insufficient and imprecise, and the respondent was not properly accorded the right to...

Source-derived case information.

Citation
Judgement Labour Case No
Parties
Applicant: WS Risk Protective Service Limited; Respondent: Propser Daud Sabore
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Labour Revision / Judgment
Outcome
Application dismissed
Legal Topics
Unfair Termination, Procedural Fairness, Burden of Proof, Employment Misconduct
Source Language
english
Labour Law Unfair Termination Procedural Fairness Burden of Proof Employment Misconduct

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Parties

WS Risk Protective Service Limited

Applicant

Propser Daud Sabore

Respondent

Procedural Posture

Labour Revision / Judgment

Legal Issues

  1. 1 Whether the respondent was terminated for a valid and fair reason
  2. 2 Whether the procedure for termination was fair

Ratio Decidendi

The applicant failed to prove on a balance of probabilities that the respondent committed the alleged misconduct or that there was a valid and fair reason for termination. The investigation was poorly conducted, the evidence was insufficient and imprecise, and the respondent was not properly accorded the right to mitigation after being found guilty. Both substantive and procedural fairness were lacking, justifying the upholding of the CMA's award.

Court Disposition

Application dismissed

Orders

  • Findings of the CMA upheld
  • No order as to costs