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Tanzania Case Law

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Labour law MSAFIRI Ruling Final

MSAFIRI Ruling Final

The applicant materially breached clause No. 12 of the employment contract by using another client’s account to bill orders for unqualified customers, exposing the respondent to business risk and tax implications. The procedure for termination was followed, the applicant was notified and heard, and the sanction imposed was justified. The award of the CMA was properly procured.

  • Employment termination
  • Fixed-term contract
  • Disciplinary procedure
  • Breach of contract
  • Electronic evidence
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Labour law leah d kagine vs the registered trustees of bugando medical center 2023 tzca 17959 14 december 2023

leah d kagine vs the registered trustees of bugando medical center 2023 tzca 17959 14 december 2023

Upon execution of the fixed-term contract, the initial permanent and pensionable contract was automatically terminated; the parties could not have two full-time contracts concurrently; any alleged oral agreement to revive the initial contract is inadmissible due to the parol evidence rule and statutory requirements for written contracts.

  • Unfair termination
  • Employment contracts
  • Fixed-term contract
  • Permanent and pensionable terms
  • Res judicata
  • Parol evidence rule
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Labour law regina herman vs ando roofing products ltd 2023 tzca 17275 13 april 2023

regina herman vs ando roofing products ltd 2023 tzca 17275 13 april 2023

The Court of Appeal held that the employer’s letter did not satisfy statutory requirements for a valid notice of termination, so the contract was not terminated.

  • Termination of employment
  • Notice of termination
  • Fixed-term contract
  • Appeal on point of law
  • Termination-of-employment
  • Notice-of-termination
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Labour law Judgement Labour Revision No

Judgement Labour Revision No

The CMA lacked jurisdiction to determine the dispute as the applicants' contracts were for less than six months, rendering all proceedings and orders a nullity.

  • Unfair termination
  • Fixed-term contract
  • Jurisdiction
  • Expectation of renewal
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Labour law marriotti investment ltd ta marriotti hotel dhidi ya malaki silla mfinanga 2023 tzhcld 1191 20 machi 2023

marriotti investment ltd ta marriotti hotel dhidi ya malaki silla mfinanga 2023 tzhcld 1191 20 machi 2023

The arbitrator erred by awarding compensation to the respondent for breach of contract when the evidence showed the respondent himself abandoned employment, thus causing the breach; relief was not legally justified.

  • Breach of employment contract
  • Unfair termination
  • Fixed-term contract
  • Remedies for breach
  • Burden of proof
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Labour law jones rugakingira vs hubert kairuki memorial university 2022 tzhcld 692 27 june 2022

jones rugakingira vs hubert kairuki memorial university 2022 tzhcld 692 27 june 2022

The High Court dismissed a labour revision over non-renewal of a fixed-term contract, holding there was no reasonable expectation of renewal and no unfair termination.

  • Fixed-term contract
  • Reasonable expectation of renewal
  • Termination
  • Contractual notice requirements
  • Fixed-term-contract
  • Reasonable-expectation-of-renewal
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Labour law edward l mmbaga dhidi ya fmj hardware ltd 2022 tzhcld 1114 13 disemba 2022

edward l mmbaga dhidi ya fmj hardware ltd 2022 tzhcld 1114 13 disemba 2022

The court held that the governing contract was the fixed-term contract commencing 01.09.2020 and expiring 31.08.2021. The applicant was notified in advance of non-renewal, and the contract ended by effluxion of time, not by unlawful termination. Preliminary statements were not evidence as per the law. The application for revision lacked merit and was dismissed.

  • Employment contract
  • Fixed-term contract
  • Unfair termination
  • Arbitration award
  • Evidence admissibility
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Labour law image0017

image0017

The respondent failed to demonstrate an objective basis for reasonable expectation of renewal. The contract expressly excluded renewal expectation, and the arbitrator erred in awarding compensation based on an incorrect salary and in finding unfair termination.

  • Fixed-term contract
  • Reasonable expectation of renewal
  • Unfair termination
  • Compensation calculation
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Employment law nisile mwalusama mchapi vs salvation army tanzaniaterritory 2021 tzhcld 47 19 machi 2021

nisile mwalusama mchapi vs salvation army tanzaniaterritory 2021 tzhcld 47 19 machi 2021

No sufficient evidence of continued work after contract expiry; contract terminated automatically as per regulation; applicant received notice and certificate of service; no grounds to revise CMA decision.

  • Fixed-term contract
  • Termination
  • Renewal
  • Notice
  • Operational requirements
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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.