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Tanzania decisions
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The High Court held that the applicants were employees, not casual laborers, and that their termination was substantively and procedurally unfair.
Applicant is not entitled to salary arrears for months not worked after settlement agreement and knowledge of termination; however, he is entitled to payment in lieu of notice and leave pay for the last contract period, but not severance pay as his contract was only for one year.
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High Court labour revision dismissed after the court upheld findings that the applicant was an independent contractor, not an employee, and that award delay caused no prejudice.
The applicants failed to prove an employment relationship with the respondent. Evidence showed they were employees of DYEDO, not the respondent. No contract or documentation established them as employees of the respondent. The arbitrator was correct in dismissing their claims.
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The High Court dismissed a labour revision, upholding the CMA award after finding the applicant failed to prove an employment relationship.
The 1st respondent, as the employer under the contract of employment and as a registered company with legal personality, is solely liable to pay the applicants' terminal benefits. There is no evidence that the 2nd respondent employed the applicants or that the 1st respondent is liquidated. The Arbitrator's order was correct.
Source excerpt
The High Court dismissed a labour revision, holding that the 1st respondent, as the employer and registered company, remained liable for terminal benefits under section 44.
The High Court dismissed an employment appeal over repatriation expenses, July 1994 wages, and 13 years’ gratuity, finding no entitlement under the contract or applicable law.
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