Tanzania Case Law

Labour Revision No 17446 of 2024 Eng

Court

TANZLII

The applicant failed to prove the existence of an employment relationship with the respondent, which was a prerequisite for any claim of unfair termination. The CMA did not err in procedure or law, and the applicant's allegations of denial of right to be heard and arbitrator misconduct were unsubstantiated. Consequently, the application was dismissed for lack of merit.

Source excerpt

• Unfair termination
• Burden of proof in employment disputes
• Right to be heard
• Procedural fairness
• Employment relationship

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st mathews secondary school vs juma masamaga kureba 2023 tzhcld 1222 5 april 2023

Court

TANZLII

The High Court Labour Division held the retrenchment was procedurally valid, accepted the employee’s contract and salary evidence, and set aside compensation for unfair termination.

• Retrenchment procedures
• Employment contract interpretation
• Remedies for unfair termination
• Burden of proof in employment disputes
• Retrenchment-procedures
• Employment-contract-interpretation

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hamidu abdallah mbekae others vs be foward tanzania ltd 2023 tzca 62 24 february 2023

Court

TZCA

The appellants failed to prove the existence of an employment relationship with the respondent. The evidence established that the appellants were engaged on contracts for specific tasks, not as employees, and thus were not entitled to remedies for unfair termination under the law.

Source excerpt

• Employment relationship
• Unfair termination
• Contract for service vs contract of service
• Burden of proof in employment disputes
• Specific task contracts

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REVNO 275 OF 2023 AKA TRANSPORTCOMPANYLIMITED VRS HARUNA IDD KATENDA

Court

TANZLII

Absence of a written contract does not negate existence of employment; employer's failure to provide written contract shifts burden to employer to disprove alleged terms. The evidence showed an unspecified period (permanent) contract existed and termination was procedurally unfair.

Source excerpt

• Employment contract
• Unfair termination
• Written contract requirement
• Burden of proof in employment disputes

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continental reliable clearing co ltd vs wilhad dominic kisunda others 2022 tzhcld 1040 4 november 2022

Court

TANZLII

The High Court upheld a CMA award finding that employees were orally terminated and that the employer failed to prove abscondment or casual status.

• Unfair termination
• Employment relationship
• Compensation for unfair termination
• Burden of proof in employment disputes
• Labour-law
• Unfair-termination

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ibrahim so mgunga others vs african muslim agency 2022 tzca 345 13 june 2022

Court

TZCA

The appellants failed to adduce sufficient evidence to establish a reasonable expectation of renewal of their fixed-term contracts. The respondent's notification was a courtesy reminder, not a notice of termination. The contracts expired automatically, and there was no unfair termination.

Source excerpt

• Fixed-term contracts
• Unfair termination
• Reasonable expectation of renewal
• Burden of proof in employment disputes

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cocacola kwanza ltd vs ligoha mabada 2021 tzhcld 458 5 november 2021

Court

TANZLII

The High Court dismissed a labour revision application, upholding the CMA award that found the respondent’s termination unfair and ordered reinstatement and back pay.

• Unfair termination
• Burden of proof in employment disputes
• Job description requirements
• Reinstatement and compensation
• Unfair-termination
• Burden-of-proof

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said juma another vs upami group coltd 2021 tzhcld 2113 13 may 2021

Court

TANZLII

Applicants were employed on permanent terms as evidenced by NSSF registration and lack of contrary evidence from respondent. Their termination was both substantively and procedurally unfair. They are entitled to compensation for unfair termination, notice pay, leave pay, and severance.

Source excerpt

• Unfair termination
• Employment contract classification
• Compensation for unfair dismissal
• Burden of proof in employment disputes

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china civil engineering construction corporation ccecc vs rajabu ally kizima 2021 tzhcld 145 4 juni 2021

Court

TANZLII

The applicant failed to prove that the respondent was employed under a specific task contract and not a permanent contract. The respondent was employed on a permanent oral contract and was unfairly terminated without lawful reason or procedure. The purported out-of-Commission settlement was not valid as proper procedures were not followed. The respondent is entitled to compensation for unfair termination, but not to subsistence allowance as there was no evidence of transfer.

Source excerpt

• Employment contract classification
• Unfair termination
• Remedies for unfair dismissal
• Burden of proof in employment disputes

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beijing construction engineer group co limited vs joseph chrisantly kilucha 2020 tzhc 3997 17 november 2020

Court

TZHC

The High Court dismissed a labour revision application, holding the employer failed to prove fair termination or full payment and could not raise a new jurisdiction point.

• Unfair termination
• Burden of proof in employment disputes
• Jurisdiction of labour disputes
• Employment contract validity
• Unfair-termination
• Burden-of-proof

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