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Tanzania decisions
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The applicants failed to prove that they were terminated from employment, either directly or constructively. The respondent did not create intolerable working conditions, and the applicants' claim was filed prematurely. The CMA was correct to dismiss the claim for lack of evidence of termination.
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The High Court struck out a labour revision application because the applicant had not filed the mandatory notice to seek revision at CMA before moving the court.
Applicants failed to provide evidence of non-payment of salaries or any documentation supporting their claims of constructive dismissal; thus, the decision of the Commission for Mediation and Arbitration to dismiss their claims is upheld.
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Applicant failed to provide sufficient reason for the delay, failed to account for each day of delay, and did not provide relevant supporting evidence. The arbitrator was justified in dismissing the application for condonation.
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The applicant unlawfully withheld the respondent's salary without written consent, creating intolerable working conditions amounting to constructive and unfair termination. However, there was no evidence of discrimination, and the compensation awarded by the Arbitrator was excessive and not fully justified by the respondent's contribution to his termination. The award is revised to 12 months' salary, withheld salaries, salary for days worked in October 2020, three months' salary in lieu of notice, and severance pay for one year.
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Applicant failed to provide sufficient reason for the delay, failed to account for each day of the delay, and lacked supporting evidence and affidavits. Arbitrator was justified in dismissing the application for condonation.
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The High Court dismissed an employer’s labour revision challenge and upheld an award for nine months’ unpaid salary, finding constructive termination and fair reliance on filed documents.
Failure to administer oath or affirmation to all witnesses before testifying at the CMA was a fatal procedural irregularity, vitiating the proceedings and resultant award. The law mandates evidence be given under oath; omission prejudices parties and renders proceedings a nullity.
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The court found that the respondent was constructively dismissed due to intolerable working conditions created by the employer, but there was no legitimate expectation of contract renewal. The respondent was entitled only to compensation for the remaining period of the fixed term contract, not the full award granted by the Commission.
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The applicant made the respondent's employment intolerable through actions such as changing office padlocks, denying salary, denying access to the office, and intending to terminate despite medical evidence, thus amounting to constructive dismissal. The arbitrator's analysis and award were justified.
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