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Tanzania decisions
Decisions matching the current search
The Court of Appeal held that a few-hours retrenchment notice was unreasonable and procedurally unfair under the ELRA, allowing the employees’ appeal.
The Court of Appeal partly allowed the appeal, reversed the CMA and High Court, and ordered reinstatement after finding no valid basis for termination on ill health.
The High Court dismissed a labour revision and upheld a CMA award after finding the employee’s termination lacked valid reason and fair procedure.
Since the applicants were found to be substantively unfairly terminated, the Commission erred in awarding less than twelve months' compensation. The law requires a minimum of twelve months' compensation for substantive unfairness, and the arbitrator's discretion does not extend to reducing this minimum in such cases.
Source excerpt
The High Court upheld the termination as valid and fair, but held the employee may still be entitled to any unpaid terminal benefits and a certificate of service.
The High Court overruled a jurisdictional objection, holding it was functus officio because the issue had already been decided in an earlier ruling.
The Court of Appeal held that pre-judgment interest on a commercial debt may run at commercial rates, post-judgment interest follows the CPC, and costs should have been awarded.
The Court of Appeal of Tanzania dismissed a defamation appeal, holding that the statements were not defamatory and that the communication was privileged.
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