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Tanzania decisions
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Respondents proved employment relationship and oral termination without compliance to legal procedures; applicant failed to justify lawful termination; CMA award for unlawful termination is upheld.
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The High Court held that the applicants were employees, not casual laborers, and that their termination was substantively and procedurally unfair.
The High Court quashed a CMA award because the arbitrator framed and determined issues outside the dispute pleaded in the applicants’ CMA filing.
The Court of Appeal held that gross insubordination can justify termination even when committed off-duty and outside the workplace, if linked to the employment relationship.
The applicant failed to prove the existence of an employment relationship with the respondent, which was a prerequisite for any claim of unfair termination. The CMA did not err in procedure or law, and the applicant's allegations of denial of right to be heard and arbitrator misconduct were unsubstantiated. Consequently, the application was dismissed for lack of merit.
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The court found that the evidence, particularly the service provision form (D1), established the applicants as casual service providers (kibarua) and not employees. The absence of an employment contract and the nature of payment (per service, not salary) supported the Commission's finding that no employment relationship existed. Thus, the application was dismissed for lack of merit.
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Condonation was improperly granted as the respondent failed to provide reasons for the delay or degree of lateness in the prescribed form, violating mandatory procedural rules. Consequently, the CMA lacked jurisdiction, rendering all subsequent proceedings and the award a nullity.
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The applicant failed to provide any credible evidence or documentation to prove the existence of an employment relationship with the respondent. The Commission's decision to dismiss the claim was correct as the burden of proof was not discharged by the applicant.
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The High Court nullified CMA proceedings and quashed a labour award after finding exhibits were improperly admitted and the parties were denied a fair hearing.
The High Court held the applicant was a freelancer, not an employee, but ordered MIC Tanzania Ltd to pay one month’s commission in lieu of notice.
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