Tanzania Case Law

JUDGMENT TANESCO vs

Court

TANZLII

The respondents failed to prove unfair termination or legitimate expectation of renewal. The contracts were for specific tasks and expired automatically. The CMA erred in finding unfair termination and awarding reliefs, as the evidence and legal standards were not met. The arbitrator did not properly evaluate the evidence, and the reliefs granted were not justified.

Source excerpt

• Unfair termination
• Fixed term contracts
• Procedural fairness
• Jurisdiction of cma
• Public service employment

Read case analysis

auleria severine komba v moyo medicare limited moyo specialized clinic 2024 tzhc 412 26 january 2024

Court

TZHC

The High Court held that the applicant’s fixed-term employment ended by effluxion of time, but she was still entitled to severance pay.

• Fixed term contracts
• Unfair termination
• Severance pay
• Jurisdiction of cma
• Expectation of renewal
• Fixed-term-contracts

Read case analysis

APPLICATION NO 17213 OF 2024 ALAWI MOHAMED HABIB VRS UNIQUE CENTRE

Court

TANZLII

The court held that the principles of unfair termination apply to fixed term contracts exceeding six months, and the applicant was entitled to bring a claim for unfair termination before the CMA. The Arbitrator's decision to strike out the application for incompetence was incorrect.

Source excerpt

• Unfair termination
• Fixed term contracts
• Jurisdiction of cma
• Employment disputes

Read case analysis

three road limited vs faraji burhani komba 2023 tzhcld 1490 17 november 2023

Court

TANZLII

The respondent's contract was renewed by default as he continued working and was paid after the expiry of the previous contract; the employer is estopped from denying renewal. The award is varied only to exclude leave allowance due to lack of proof, reducing the total award from TZS 24,000,000 to TZS 22,000,000.

Source excerpt

• Employment contract renewal
• Fixed term contracts
• Automatic renewal by conduct
• Unpaid salary
• Leave allowance
• Compensation for breach of contract

Read case analysis

daudi lefi lazaro and another vs st scolastica nursery and primary school 2023 tzhcld 1475 31 october 2023

Court

TANZLII

The applicants were employed under yearly fixed term contracts that lapsed on 30th December 2021. The dispute was filed on 8th March 2022, outside the thirty-day limitation period. There was no evidence to support the claim of employment beyond 30th December 2021. The CMA was correct to dismiss the matter as time barred.

Source excerpt

• Unfair termination
• Limitation periods
• Fixed term contracts
• Jurisdiction of cma

Read case analysis

attorney general another vs ibrahim msafiri salehe 2023 tzhcld 1458 12 october 2023

Court

TANZLII

The High Court Labour Division denied an extension of time, ruling that the applicants failed to show good cause and that the alleged illegality was not apparent on the record.

• Extension of time
• Unfair termination
• Fixed term contracts
• Illegality as ground for extension
• Extension-of-time
• Labour-procedure

Read case analysis

alistair james company limited vs asimwe mukoyogi 2023 tzhcld 1347 30 june 2023

Court

TANZLII

The Respondent's fixed term contract expired automatically and the Applicant exercised its contractual right not to renew. There was no evidence of unfair termination or reasonable expectation of renewal. The termination was fair according to the law.

Source excerpt

• Fixed term contracts
• Unfair termination
• Maternity leave
• Expectation of renewal

Read case analysis

sabbasi mushi vs agapithi kobelo ta london pub 2023 tzhcld 1229 31 march 2023

Court

TANZLII

Applicant worked only 19 days in the third contract and was not entitled to file a dispute for unfair termination under Section 35 of the Employment and Labour Relations Act; the arbitrator erred in holding applicant was a probationer, but the application lacks merit as applicant did not meet statutory requirements.

Source excerpt

• Unfair termination
• Probationary employment
• Fixed term contracts

Read case analysis

viettel tanzania plc halotel vs lydia dominic massawe 2023 tzhcld 1199 22 march 2023

Court

TANZLII

The High Court set aside a CMA award, holding that a fixed-term contract expired automatically and no reasonable expectation of renewal was proved.

• Fixed term contracts
• Unfair termination
• Expectation of renewal
• Employment contracts
• Compensation for unfair termination
• Fixed-term-contracts

Read case analysis

REV

Court

TANZLII

There was no unfair termination as the respondent's fixed term contract expired by effluxion of time, and there was no reasonable expectation of renewal proven. The award of 12 months' salary and general damages was improper. Only one month salary in lieu of notice is awarded due to insufficient notice of non-renewal.

Source excerpt

• Unfair termination
• Fixed term contracts
• Expectation of renewal
• General damages
• Notice pay

Read case analysis