Tanzania Case Law

SAUDA KIWANDA V

Court

TANZLII

The court held that the applicant admitted to the misconduct both in writing and in evidence, satisfying the required standard of proof. The respondent was not required to prove the allegations beyond reasonable doubt. The applicant failed to substantiate procedural irregularities with evidence, and the issues raised at revision were not pleaded at the arbitration stage. Therefore, the termination was both substantively and procedurally fair, and there was no basis to revise the arbitral award.

Source excerpt

• Unfair termination
• Standard of proof in labour disputes
• Procedural fairness in disciplinary proceedings
• Pleadings and evidence in labour disputes

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kk security co ltd vs majariwa musa kagoma 2021 tzhcld 353 23 agosti 2021

Court

TANZLII

Termination of the respondent was procedurally unfair due to the chairperson's improper involvement in both initiating and adjudicating disciplinary proceedings, violating statutory requirements. However, reinstatement is not appropriate given the nature of security work and loss of trust; compensation for 19 months' salary is confirmed as the proper remedy.

Source excerpt

• Unfair termination
• Remedies for unfair dismissal
• Procedural fairness in disciplinary proceedings

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tancoal energy ltd vs atman rashid 2020 tzhc 533 31 march 2020

Court

TZHC

The High Court dismissed TANCOAL Energy Limited’s labour revision application, holding that the termination remained unsupported by sufficient evidence and that the salary-calculation error should be corrected at the CMA.

• Unfair termination
• Calculation of employee dues
• Jurisdiction of labour court
• Procedural fairness in disciplinary proceedings
• Unfair-termination
• Salary-calculation

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