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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.
Source excerpt
The High Court dismissed a labour revision challenge and upheld a CMA award for salary arrears, holding that the statutory minimum wage bound the employer.
The High Court partly upheld a labour revision, finding the respondents were unfairly terminated but setting aside leave pay for Shaban Hamis for lack of a full leave cycle.
The retrenchment was substantively and procedurally fair due to economic constraints caused by the Minimum Wage Order of 2022, with adequate notice and consultation provided. However, there was no evidence that the applicant was paid the terminal benefits listed in Exhibit S-14, and the respondent is ordered to pay those amounts.
Source excerpt
The High Court partly allowed a labour revision, upholding findings on employment and reinstatement but setting aside minimum-wage arrears awarded by the CMA.
Compensation for unfair termination is to be calculated based on basic salary as per contract and evidence, not gross remuneration including allowances. General damages may be awarded where evidence of humiliation and injury is established. Issues not raised before the Commission cannot be determined by the Court.
Source excerpt
The High Court allowed a labour revision, holding the employee refused service of the disciplinary notice, so ex parte hearing was lawful and the award was set aside.
The High Court held that an employment circular applied to existing workers on oral contracts, entitling 134 former security guards to terminal benefits based on the minimum salary.
The Court of Appeal held that the respondent was an employee under the Employment Act, upheld wage arrears of Tshs. 1,320,000, and dismissed the appeal.
Second appeal over wage arrears and employee status under Tanzania’s Employment Act. The Court upheld that the respondent was an employee and dismissed the appeal.
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