Tanzania Case Law

bras service ltd vs gaston joshua mwandetele 2022 tzhc 15665 15 december 2022

Court

TZHC

The court held that the respondent's refusal to escort the cargo truck constituted gross insubordination, which is a valid reason for termination under Rule 12(3)(f) of GN 42/2007. The court found that the applicant followed fair procedures, including summoning the respondent and conducting an ex-parte hearing, as evidenced by the detailed disciplinary committee report. Therefore, the termination was both substantively and procedurally fair, and the respondent was not entitled to compensation.

Source excerpt

• Unfair termination
• Employment termination procedures
• Compensation for unfair dismissal

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juma hassan njama vs tusiime holdings t limited 2022 tzhcld 982 4 october 2022

Court

TANZLII

The High Court upheld a CMA award, finding no new contract or reasonable expectation of renewal after a fixed-term employment extension tied to unpaid leave.

• Fixed term contracts
• Unfair termination
• Expectation of renewal
• Contract extension
• Employment termination procedures
• Fixed-term-contracts

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godfrey g mpumlo 11 others vs lambo motel 2022 tzhcld 987 3 october 2022

Court

TANZLII

The High Court quashed a CMA award after finding the arbitrator wrongly re-determined a timeliness objection already dismissed by a previous arbitrator.

• Jurisdiction of cma
• Timeliness of filing
• Right to be heard
• Material irregularity
• Employment termination procedures
• Labour-law

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peter mathias semagongo vs rightway nursery and primary schools 2022 tzhcld 806 22 august 2022

Court

TANZLII

The court found that while there was a valid reason for termination due to the applicant's admission of misconduct, the respondent failed to follow procedural fairness by not conducting an investigation or disciplinary hearing. Therefore, the termination was substantively fair but procedurally unfair, entitling the applicant to compensation for procedural unfairness and leave pay, but not severance pay.

Source excerpt

• Unfair termination
• Procedural fairness
• Substantive fairness
• Employment termination procedures

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tanzania investment bank vs benjamin mazigo another 2021 tzhcld 341 27 august 2021

Court

TANZLII

The High Court upheld the bank’s revision, finding valid reason and fair procedure for termination, and set aside the CMA’s 24-month compensation award.

• Unfair termination
• Procedural fairness
• Substantive fairness
• Right to be heard
• Employment termination procedures
• Unfair-termination

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total tanzania ltd faustine bankana 2020 tzhcld 36 20 march 2020

Court

TANZLII

The High Court revised a CMA award, found the termination procedurally fair but substantively unsupported, and replaced reinstatement with compensation and terminal benefits.

• Unfair termination
• Employment termination procedures
• Compensation
• Reinstatement
• Disciplinary hearing
• Unfair-termination

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hamad kushoma vs tanzania ports authority 2019 tzca 200 18 july 2019

Court

TZCA

The dismissal was effected by the Board, the proper disciplinary authority, and the subsequent written communication by the Acting Director of Human Resources was a valid administrative act. Paragraph 9 of the First Schedule to the Ports Act does not apply to internal dismissal letters. There was no procedural or substantive unfairness in the termination.

Source excerpt

• Unfair dismissal
• Disciplinary authority
• Employment termination procedures

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edi secondary school vs ezekiel damas sinyangwe 2014 tzhc 2365 18 june 2014

Court

TZHC

The High Court upheld a CMA award for unfair termination, finding the applicant had notice and representation at the CMA and failed to prove probation terms.

• Unfair termination
• Probationary employment
• Right to be heard
• Employment termination procedures
• Unfair-termination
• Probationary-employment

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