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Tanzania decisions
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The court found that the respondent had justifiable economic reasons for retrenchment and followed the required legal procedures, including notice and consultation. The applicant was paid all dues except for the certificate of service. The retrenchment was therefore fair both substantively and procedurally.
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The respondent proved on a balance of probabilities that the applicant submitted a forged certificate, justifying termination. The respondent followed fair procedures in terminating the applicant, including notification of charges and evidence, and affording the right to be heard. The removal from payroll was justified pending investigation. The applicant is not entitled to remedies under Section 40 of the ELRA as the termination was fair both substantively and procedurally.
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The applicant failed to discharge his duty of care by not properly reporting the signature discrepancy, which constituted gross negligence. The respondent had valid and fair reasons for termination and followed proper procedures. The CMA's decision was correct and there was no basis to overturn it.
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The High Court upheld the finding that the employee’s termination was substantively and procedurally unfair, but recalculated relief using the proven salary.
The High Court upheld termination of an employee who absconded for 181 days and held that the employer had valid reasons and followed fair procedure.
The Court of Appeal held that a fixed-term employment dispute did not attract unfair termination protections and allowed the appeal, setting aside the High Court award.
Court of Appeal held the respondent’s unfair-termination claim was inapplicable because her employment was on a fixed-term contract of less than six months.
Labour revision over unfair termination, timeliness at CMA, and compensation. The High Court held the complaint was in time, found procedural unfairness, and revised the award.
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