Tanzania Case Law

judgement CHOHAN TRANSPORT V

Court

TANZLII

Constructive termination was not established because the respondent did not resign or indicate intention to end the employment relationship before filing the dispute at the CMA. The dispute was prematurely filed, and the CMA lacked jurisdiction to determine unfair termination in the absence of resignation or termination. The CMA award was therefore quashed and set aside.

Source excerpt

• Constructive termination
• Unfair termination
• Abscondment
• Premature filing of dispute
• Procedural fairness in termination

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REV NO 28028 OF 2024 NBC LIMITED VRS DOXA MBAPILA 0001

Court

TANZLII

The Applicant failed to prove gross insubordination as the Respondent had reasonable grounds to delay compliance pending appeal, and the Applicant initiated disciplinary proceedings before the appeal process was concluded, contrary to internal policy. The correction of the award from 18 to 24 months was a clerical error and did not affect the substance of the decision. The termination was substantively unfair and the compensation awarded was justified.

Source excerpt

• Unfair termination
• Compensation for unfair dismissal
• Procedural fairness in termination
• Substantive fairness in termination
• Employment appeals
• Clerical errors in awards

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ANTONY MICHAEL BARIYET V

Court

TANZLII

Applicant failed to provide sufficient reason for the delay, failed to account for each day of delay, and did not provide relevant supporting evidence. The arbitrator was justified in dismissing the application for condonation.

Source excerpt

• Condonation of delay
• Constructive dismissal
• Abscondment
• Procedural fairness in termination

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boswely odongo vs cocacola kwanza limited 2023 tzhcld 1516 8 december 2023

Court

TANZLII

The Court found that the Respondent proved the misconducts of gross dishonesty and forgery on the balance of probabilities, and that all required termination procedures were followed. The Applicant's objections regarding evidence and procedure were dismissed as unfounded. The CMA's decision was upheld as lawful and justified.

Source excerpt

• Unfair termination
• Gross dishonesty
• Forgery
• Procedural fairness in termination

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swala solutions vs ally nasib 2023 tzhc 22120 26 october 2023

Court

TZHC

The High Court partially allowed a labour revision, upholding unfair termination findings but reducing compensation from 48 months to 24 months’ salary.

• Unfair termination
• Compensation for unfair dismissal
• Procedural fairness in termination
• Breach of trust
• Gross misconduct
• Unfair-termination

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js exact company limited vs renovatus rumanyika 2023 tzca 17775 24 october 2023

Court

TZCA

The Court of Appeal of Tanzania granted a stay of execution pending appeal in a labour-related dispute, conditional on a TZS 21,000,000 bank guarantee.

• Stay of execution
• Procedural fairness in termination
• Security for performance
• Irreparable loss
• Stay-of-execution
• Labour-law

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national microfinance bank plc vs elizabeth alfred khairo 2023 tzca 17490 10 august 2023

Court

TZCA

The termination of the respondent was substantively unfair as it was based on her religious observance, which is constitutionally protected, and the employer failed to reasonably accommodate her beliefs. The award of compensation must comply with statutory provisions and cannot combine reinstatement and compensation; only compensation for twelve months' remuneration is proper in this case.

Source excerpt

• Unfair termination
• Freedom of religion
• Employment discrimination
• Remedies for unfair dismissal
• Procedural fairness in termination

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khadija abdallah vs macau entertainment limited 2023 tzhcld 1360 19 july 2023

Court

TANZLII

The High Court set aside a CMA award, holding the applicant was on a permanent contract and was unfairly terminated on grounds of pregnancy without due process.

• Unfair termination
• Employment contract classification
• Discrimination on grounds of pregnancy
• Procedural fairness in termination
• Unfair-termination
• Pregnancy-discrimination

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cyprian constantino vs lake cement limited 2023 tzhcld 1275 25 may 2023

Court

TANZLII

The termination of the applicant's employment was both substantively and procedurally unfair because the respondent failed to comply with legal requirements for termination on medical grounds, did not attempt to accommodate the applicant with alternative work, and did not follow required procedures. The applicant is entitled to compensation for the remaining period of the contract.

Source excerpt

• Unfair termination
• Work-related illness
• Employment contract
• Compensation for remaining contract period
• Procedural fairness in termination

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mic tanzania ltd vs imelda gerald 2023 tzhcld 1308 16 may 2023

Court

TANZLII

The High Court upheld a finding of procedural unfairness in termination, but held the dismissal was substantively justified, reducing compensation from 60 to 6 months.

• Unfair termination
• Compensation for unfair dismissal
• Procedural fairness in termination
• Substantive fairness in termination
• Salary arrears
• Severance allowance

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