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Tanzania Case Law

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Labour law REFINED AHMED MWERANI FINAL

REFINED AHMED MWERANI FINAL

The applicant admitted to the offence of insubordination in his written defence and during the disciplinary hearing. This admission was sufficient to justify termination for misconduct. Procedural requirements for investigation, notice, hearing, and right of appeal were complied with. The applicant was paid all terminal benefits except severance pay, which is not payable upon termination for misconduct. The CMA acted properly as a court of first instance and not as an appellate body for the disciplinary committee.

  • Unfair termination
  • Procedural fairness
  • Substantive fairness
  • Employee benefits
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Employment the board of trustees of the national social security fund vs independent power tanzania limited 2023 tzhc 23809 2 november 2023

the board of trustees of the national social security fund vs independent power tanzania limited 2023 tzhc 23809 2 november 2023

The High Court held that the defendant remained liable for statutory social security contributions, but rejected the claim for penalties for lack of proof.

  • Statutory contributions
  • Employer obligations
  • Employee benefits
  • Penalties for non-remittance
  • Employment-law
  • Social-security-contributions
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Labour law winfred ngitu vs kimani minerals ltd 2023 tzhcld 1330 16 june 2023

winfred ngitu vs kimani minerals ltd 2023 tzhcld 1330 16 june 2023

The termination of the Applicant was substantively fair due to absenteeism without permission, but procedurally unfair as the Applicant was not properly notified of the consequences of nonappearance at the disciplinary hearing and was denied the right to be heard. Compensation is limited to six months' salary due to procedural unfairness only.

  • Unfair termination
  • Procedural fairness
  • Substantive fairness
  • Employee benefits
  • Repatriation allowance
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Labour law praiseglory kileo vs earthways logistics ltd 2022 tzhcld 127 31 march 2022

praiseglory kileo vs earthways logistics ltd 2022 tzhcld 127 31 march 2022

The High Court held that the applicant was terminated unfairly, accepted that employment began in 2013, and awarded salary arrears, notice pay, and a certificate of service.

  • Unfair termination
  • Employment contract
  • Employee benefits
  • Unfair-termination
  • Employment-contract
  • Employee-benefits
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Labour law romanus j chumi na mwenzake dhidi ya scania tanzania ltd 2022 tzhcld 702 14 julai 2022

romanus j chumi na mwenzake dhidi ya scania tanzania ltd 2022 tzhcld 702 14 julai 2022

The dispute was filed within the prescribed 60-day period from the date the applicants were notified of the refusal to pay their entitlements (16 July 2019), thus the Commission erred in dismissing the claim as time-barred. The arbitrator further erred by proceeding to determine the merits after finding the dispute out of time.

  • Limitation period
  • Employee benefits
  • Retirement entitlements
  • Jurisdiction of labour commission
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Labour law Judgement Labour Revision No

Judgement Labour Revision No

Applicant was fairly terminated for breach of respondent's Code of Conduct and conflict of interest. Termination was both substantively and procedurally fair as applicant was duly served with notices and had opportunity to be heard but failed to attend. Applicant is entitled only to subsistence and repatriation allowances, not severance or other claimed benefits.

  • Unfair termination
  • Procedural fairness
  • Substantive fairness
  • Employee benefits
  • Code of conduct
  • Conflict of interest
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Labour law fm foundation pre primary school vs goodness tumaini kitaa and another 2021 tzhc 7567 25 november 2021

fm foundation pre primary school vs goodness tumaini kitaa and another 2021 tzhc 7567 25 november 2021

The High Court held there was a valid reason to terminate teachers over invalid qualifications, but the termination was procedurally unfair for lack of a hearing.

  • Unfair termination
  • Employment contracts
  • Procedural fairness
  • Employee benefits
  • Unfair-termination
  • Procedural-fairness
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Labour law eston gabriel na wenzake 6 vs nashera hotel 2021 tzhcld 150 3 juni 2021

eston gabriel na wenzake 6 vs nashera hotel 2021 tzhcld 150 3 juni 2021

Waleta maombi hawakuachishwa kazi bali mikataba yao ya ajira ilifika ukomo wa muda waliokubaliana. Hakukuwa na matarajio ya kawaida ya kuongezewa mikataba na waleta maombi hawakuendelea na kazi baada ya mikataba kuisha. Hivyo, hawastahili mafao yoyote ya kuachishwa kazi na uamuzi wa Tume ni sahihi.

  • Fixed-term employment contracts
  • Termination of employment
  • Expectations of contract renewal
  • Employee benefits
  • Jurisdiction of arbitration bodies
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