Tanzania Case Law

SBC TANZANIA LIMITED VERSUS MALLYA RULING

Court

TANZLII

The court found that the applicant failed to prove valid reasons for termination and did not comply with mandatory procedural requirements, including conducting an investigation and affording the respondent a fair hearing. The compensation awarded by the CMA was correct as it was based on total remuneration. The application for revision lacked merit and was dismissed.

Source excerpt

• Unfair termination
• Procedural fairness in dismissal
• Compensation for unfair dismissal
• Right to fair hearing

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geita gold mining limited vs lucas ntobi 2023 tzhc 21500 29 september 2023

Court

TZHC

The High Court dismissed an employer’s revision application, upholding a CMA award for unfair termination and finding the evidence and procedure defective.

• Unfair termination
• Procedural fairness in dismissal
• Investigation report in disciplinary proceedings
• Standard of proof in labour disputes
• Unfair-termination
• Procedural-fairness

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CIVIL APPEAL NO

Court

TANZLII

The respondent's use of employer's funds for personal purposes without prior authorization constituted gross misconduct, justifying termination. The disciplinary process was procedurally fair as the respondent was given more than 48 hours' notice to prepare for the hearing. The respondent is not entitled to reinstatement or compensation for unfair termination. However, the respondent is entitled to statutory repatriation costs and subsistence allowance for a period of 24 months only, calculated at the daily basic wage, as per the law.

Source excerpt

• Unfair termination
• Procedural fairness in dismissal
• Repatriation and subsistence allowance
• Remedies for wrongful dismissal

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tanzania electric supply company limited vs ramadhani m mgaya 2021 tzhcld 326 20 agosti 2021

Court

TANZLII

The court found that the applicant had valid grounds for termination based on the respondent's submission of a forged certificate, and that proper procedures were followed as required by law. The Commission's order for reinstatement was set aside because the respondent's dismissal was lawful and justified.

Source excerpt

• Unfair termination
• Employment certificate forgery
• Reinstatement
• Procedural fairness in dismissal

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registered trustees of evangelical lutheran church in tanzania morogoro diocese vs simoni h loko and wengineo 2021 tzhcld 136 4 juni 2021

Court

TANZLII

The employees' joint claim was properly instituted as per the applicable regulations. The employer failed to prove that the termination was substantively and procedurally fair, as the employees were terminated before the expiry of the period given to comply with the employer's directive, and disciplinary procedures were not followed. The appropriate remedy is compensation for unfair termination, not reinstatement, due to the breakdown of the employment relationship. The award of 14 months' salary was improper and is set aside; other awards remain.

Source excerpt

• Unfair termination
• Procedural fairness in dismissal
• Remedies for unfair dismissal
• Representative suits in labour disputes
• Internal dispute resolution procedures

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tanzania electric supply company limited vs ramadhani m mgaya 2021 tzhcld 301 20 agosti 2021

Court

TANZLII

The applicant proved, on the balance of probabilities, that the respondent submitted a forged certificate and that proper procedures for dismissal were followed, making the termination lawful.

Source excerpt

• Unlawful termination
• Employment certificate forgery
• Procedural fairness in dismissal

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charan singh and sons limited vs godfrey urio 2020 tzhc 4538 27 november 2020

Court

TZHC

The High Court dismissed an employer’s revision application and upheld a CMA award, holding that the respondent’s termination was procedurally unfair because he was not heard.

• Unfair termination
• Procedural fairness in dismissal
• Right to be heard
• Employment contract termination
• Labour dispute resolution
• Unfair-termination

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20150605 TZHC Dar es Salaam

Court

TZHC

The Labour Court upheld a CMA award finding the respondent’s dismissal substantively and procedurally unfair, and confirmed compensation and service-related remedies.

• Unfair termination
• Procedural fairness in dismissal
• Substantive fairness in dismissal
• Employee misconduct
• Disciplinary procedure
• Unfair-termination

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20140217 TZHC Mwanza

Court

TZHC

The applicant's termination was for a valid reason (gross insubordination) and was conducted in accordance with fair procedure. There was no evidence of procedural unfairness or entitlement to payment for the unexpired term of the contract. The application for revision has no merit and is dismissed.

Source excerpt

• Unfair termination
• Fixed term employment contracts
• Procedural fairness in dismissal
• Employee misconduct
• Terminal benefits

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