godfrey ndalahwa vs dcb commercial bank plc 2024 tzhcld 37 15 march 2024
The arbitrator erred by departing from the agreed issues and applying the doctrine of frustration to a contract already mutually terminated. The parties were bound by the Mutual Agreement Regarding Termination of Employment, and the respondent breached this agreement by failing to pay the agreed compensation after BOT's revocation of vetting. The applicant is entitled to the compensation specified in the mutual agreement.
Source excerpt
- Breach of employment contract
- Mutual termination agreement
- Doctrine of frustration
- Conflict of interest
- Sanctity of contract