Tanzania Case Law

REV NO 21913 OF 2024 CHRISTOPHER SAMWEL MAGEMBE VRS MAR KIM UNIPLASTIC CO

Court

TANZLII

There was no evidence that the applicant's oral contract was permanent. The respondent properly formalised the contract in writing after consultation, and the applicant's refusal to sign was unreasonable. Termination for gross insubordination was fair both substantively and procedurally. The applicant is not entitled to remedies under Section 40 of ELRA.

Source excerpt

• Employment contract
• Unfair termination
• Language of court proceedings
• Remedies for termination
• Misconduct

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sinohydro corporation limited vs mulidi mputo omary 2023 tzhcld 1457 11 october 2023

Court

TANZLII

The High Court Labour Division upheld a CMA award for unfair termination, finding the worker’s so-called specific-task contract lacked a defined end date.

• Employment contracts
• Unfair termination
• Remedies for termination
• Labour-law
• Employment-contracts
• Unfair-termination

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morogoro international school vs hongo manyanya 2023 tzca 242 10 may 2023

Court

TZCA

The Court of Appeal dismissed an employer’s appeal in a fixed-term employment dispute, upholding remedies for termination and rejecting the claim of a new issue.

• Unfair termination
• Fixed term contract
• Breach of contract
• Remedies for termination
• Employment-law
• Fixed-term-contracts

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spenn tanzania ltd vs ibrahim abdallah kiongozi 2022 tzhcld 949 12 september 2022

Court

TANZLII

The High Court held that the parties’ contract was a consultancy agreement, not employment, and quashed the CMA award for unfair termination.

• Employment relationship
• Consultancy agreement
• Unfair termination
• Breach of contract
• Legitimate expectation
• Remedies for termination

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tanzania electrick supply company limited vs esterdevota tamba 2021 tzhcld 516 20 october 2021

Court

TANZLII

The High Court upheld the employer’s grounds for dismissal, finding misconduct and procedural compliance, and set aside most of the CMA award.

• Unfair termination
• Procedural fairness
• Remedies for termination
• Unfair-termination
• Procedural-fairness
• Misconduct

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charles maduhu nzobe and 3 others vs mwanza huduma ltd 2021 tzhc 6387 30 september 2021

Court

TZHC

The High Court in Mwanza quashed a CMA award of reinstatement, holding the workers were constructively and unfairly terminated and were entitled to terminal benefits instead.

• Unfair termination
• Remedies for termination
• Reinstatement
• Terminal benefits
• Labour-law
• Constructive-termination

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david jibo vs precision air service plc 2021 tzhcld 237 30 june 2021

Court

TANZLII

High Court Labour Division revision over a fixed-term employment termination dispute, addressing renewal, unfair termination, breach of contract, and internal appeal exhaustion.

• Unfair termination
• Fixed term employment contract
• Breach of contract
• Jurisdiction of cma
• Remedies for termination
• Labour-law

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sigma hair industrial limited vs juma hamadi mrisho 2021 tzhcld 299 5 julai 2021

Court

TANZLII

The court found that the applicant had valid grounds for termination based on proven misconduct and that all procedural requirements, including notice and disciplinary hearing, were satisfied. The Commission's award of ten months' salary was unjustified as the termination was lawful and fair.

Source excerpt

• Unfair termination
• Procedural fairness
• Employee misconduct
• Remedies for termination

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grishchandra t vs chande vs autrad mining co ltd 2020 tzhcld 131 3 july 2020

Court

TANZLII

The High Court upheld a CMA award, finding no sufficient evidence of an employment relationship between the applicant and the respondent.

• Employment relationship
• Constructive termination
• Consultancy vs employment
• Unfair termination
• Remedies for termination
• Employment-relationship

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