nisile mwaisaka vs dawasco 2020 tzhcld 83 13 march 2020
The respondent failed to prove valid reasons for termination and did not comply with mandatory procedural requirements, including proper investigation, opportunity for cross-examination, and mitigation. The evidence did not establish that the applicant was responsible for the alleged misconduct, and the relevant regulations were not tendered or explained. Therefore, the termination was both substantively and procedurally unfair.
Source excerpt
- Unfair termination
- Procedural fairness
- Substantive fairness
- Employment investigation
- Right to cross-examination
- Opportunity to mitigate