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Tanzania Case Law

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Labour law SAID SALUM PEPE v

SAID SALUM PEPE v

The arbitrator failed to provide adequate reasoning for the conclusion that there was no termination of employment, and did not analyze or answer the issues of fairness of termination and reliefs. The award was quashed and set aside for lack of proper reasoning and analysis.

  • Unfair termination
  • Premature filing
  • Burden of proof
  • Employment records
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Labour law juma abdallah chakulanga vs group six international ltd 2022 tzhcld 807 18 august 2022

juma abdallah chakulanga vs group six international ltd 2022 tzhcld 807 18 august 2022

The High Court upheld a CMA award and dismissed a revision application after finding the applicant failed to prove an employment relationship at the time of the alleged termination.

  • Employment relationship
  • Burden of proof
  • Unfair termination
  • Casual labour
  • Employment records
  • Employment-relationship
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Labour law mrisho omary another vs raheem nathoo 2022 tzca 215 25 april 2022

mrisho omary another vs raheem nathoo 2022 tzca 215 25 april 2022

The respondent's conduct—demanding the appellants sign a new contract with undisclosed terms and subsequently disowning them as employees—made continued employment intolerable, satisfying the legal test for constructive termination. The appellants were not required to exhaust grievance procedures as the employer-employee relationship was expressly denied. The High Court erred in finding otherwise.

  • Constructive termination
  • Employer-employee relationship
  • Burden of proof
  • Employment records
  • Remedies for unlawful termination
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Labour law james j mboma vs insight security 2020 tzhcld 144 30 july 2020

james j mboma vs insight security 2020 tzhcld 144 30 july 2020

The High Court dismissed a labour revision challenge, holding that the applicant had not proved termination by the employer and that the CMA process had been prematurely invoked.

  • Unfair termination
  • Employment records
  • Disciplinary procedures
  • Labour-law
  • Unfair-termination
  • Employment-records
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Labour law 20140827 TZHC Dar es Salaam2

20140827 TZHC Dar es Salaam2

The High Court revised a labour arbitration award, holding that where no written employment records exist, the employer bears the burden on employment terms and fair termination.

  • Burden of proof
  • Unfair termination
  • Oral employment contracts
  • Employment records
  • Burden-of-proof
  • Unfair-termination
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Employment law 20090324 TZHC Mwanza

20090324 TZHC Mwanza

The High Court allowed an employment appeal, finding the worker was underpaid and entitled to arrears, overtime, severance pay, and August salary, but not salary in lieu of notice.

  • Terminal benefits
  • Overtime pay
  • Minimum wage
  • Employment records
  • Burden of proof
  • Severance allowance
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Criminal law 19851231 TZHC Mtwara

19851231 TZHC Mtwara

The High Court quashed 67 convictions for underpaying minimum wages, holding that the parties had agreed a lawful shs.400 monthly salary and the dispute was civil, not criminal.

  • Minimum statutory wage
  • Workmen's compensation
  • Employment records
  • Appeal against conviction and sentence
  • Minimum-wage
  • Employment-law
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Criminal law 19761217 TZHC Arusha

19761217 TZHC Arusha

The High Court allowed a labour-related criminal appeal, set aside an absolute discharge, and imposed fines on three counts after a guilty plea.

  • Sentencing
  • Employment records
  • Workmen's compensation
  • Judicial discretion
  • Labour-law
  • Employment-records
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Labour law 19710511 TZHC Mwanza4

19710511 TZHC Mwanza4

The convictions were upheld because the evidence established that the appellant employed the complainants, failed to pay them minimum and due wages, did not prepare required employment records, did not pay severance allowance, failed to keep a master roll, and did not insure the employees as required by law. The trial magistrate was entitled to believe the prosecution witnesses, and the sentences imposed were justified given the appellant's conduct.

  • Minimum wage
  • Employment records
  • Severance allowance
  • Workmen's compensation
  • Failure to insure employees
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Labour law 19700206 TZHC Dar es salaam2

19700206 TZHC Dar es salaam2

The prosecution proved beyond reasonable doubt that the appellant employed the complainant at a wage below the statutory minimum and failed to maintain a record of the oral contract, justifying conviction.

  • Minimum wage
  • Employment records
  • Oral contract
  • Appeal procedure
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.