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Tanzania decisions
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Applicants failed to prove existence of agreements for overtime or special project work as required by law; absence of such agreements means claims cannot be sustained.
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The High Court held that the labour dispute was res judicata because the same overtime claims had already been settled before the CMA and paid.
The High Court dismissed a labour revision application, holding that a second CMA dispute over compensation and overtime was barred by res judicata.
The High Court revised a CMA award on overtime, holding TAZARA’s employees in TSG 8-11 were management staff entitled to responsibility allowance, not overtime.
The High Court dismissed an employee’s appeal for overtime and public holiday pay, holding that he failed to prove his entitlement even in ex parte proceedings.
The appellant failed to provide sufficient oral or documentary evidence to prove that he worked overtime or on public holidays and was therefore not entitled to the claimed payments. The trial court was justified in dismissing the suit for lack of proof.
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Terminal benefits must be computed strictly according to the written contract; housing benefit is a deduction if accommodation is provided; gratuity and leave pay are based on basic salary, not including expatriate allowance; air fare entitlement requires proof of payment and delivery; overtime payment not implied for senior officers unless expressly stated.
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The High Court dismissed an employer’s appeal, upholding an overtime award and rejecting an unproved negligence counterclaim for alleged losses.
The High Court dismissed an employee’s appeal alleging underpayment and unpaid overtime, finding the documentary evidence showed payment and rejecting procedural objections.
Employee is entitled to statutory overtime payment for work on Sundays and public holidays even if contract is silent; compensation is due under s.70 of Contract Ordinance when services are rendered and not intended to be gratuitous, and employer enjoys the benefit.
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