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Tanzania decisions
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The High Court partly allowed a labour revision, upheld valid reasons for termination, and awarded unpaid terminal dues and certificates of service.
Applicant objectively proved intolerable conditions due to unpaid benefits and excessive night shifts, constituting constructive and unfair termination. Respondent failed to counter evidence. Applicant entitled to remedies for unfair termination.
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The application for condonation was improperly filed under a law not in force at the time the dispute arose; proceedings at CMA were a nullity and the ruling granting condonation cannot stand.
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The delay in filing the application was technical, not actual, as previous applications were struck out on technicalities and not determined on merits. Withdrawal of the previous application was to allow for settlement negotiations, and in labour matters, withdrawal without leave to refile does not operate as res judicata. The Applicants are entitled to extension of time to file their intended application.
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The High Court held that MMC Ltd’s action was retrenchment, not restructuring, and set aside a CMA compensation award of TZS 53,162,856.
High Court ruling sustained preliminary objections, striking out the plaint as res judicata for the social security contribution claim and lacking jurisdiction over the pension claim.
The applicant’s termination was substantively fair due to evidence of gross misconduct (stealing and occasioning loss), but procedurally unfair as the employer failed to follow required procedures, including conducting a disciplinary hearing and waiting for the conclusion of criminal proceedings. The applicant is entitled to compensation for procedural unfairness, transport allowance, and a certificate of service, but not to severance pay, notice, or general damages.
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The applicant failed to prove that the respondent intentionally created intolerable working conditions amounting to constructive termination. Salary delays were due to financial hardship affecting all staff, not targeted at the applicant. The applicant is only entitled to unpaid salaries for two months, with one month deducted in lieu of notice, as per the employment contract.
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The EACJ held it lacked jurisdiction in personam over KCB Bank Tanzania Limited, so the bank could not be joined as a third party. The application was dismissed with costs.
There was no reasonable expectation of renewal as the applicant gave clear notice of non-renewal before contract expiry; the contract ended automatically per its terms and applicable law; the respondent did not qualify for the new scheme; the arbitrator's finding was incorrect.
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