Tanzania Case Law

victor w meena another vs arusha tecnical college 2024 tzca 111 21 february 2024

Court

TZCA

The High Court's reference to the matter as an appeal instead of a revision was a clerical error, not affecting the substance of the judgment and curable under the slip rule. However, the High Court erred in substituting reinstatement with compensation only, as compensation is not a standalone remedy but additional to other entitlements. Where termination is both substantively and procedurally unfair, reinstatement without loss of remuneration is the appropriate remedy unless exceptions apply.

Source excerpt

• Unfair termination
• Remedies for unfair dismissal
• Reinstatement
• Compensation
• Procedural fairness

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MAOMBI YA MAREJEO NO 11432 OF 2024 JOYCE JOHN BUGINDO VRS GEILI GROUP TANZANIA CO

Court

TANZLII

The applicant was a permanent employee, not a casual labourer, as evidenced by the employment relationship and payroll records. The termination was unfair and without due process. The applicant is entitled to compensation for unfair termination, severance pay, accrued leave, and statutory certificates.

Source excerpt

• Unfair termination
• Employment contract classification
• Employee entitlements
• Remedies for unfair dismissal

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crdb bank plc vs dina phip 2023 tzhcld 1468 13 october 2023

Court

TANZLII

The High Court upheld a CMA award reinstating a bank employee, finding her dismissal unfair because her Saturday absences were for religious worship and procedure was defective.

• Unfair termination
• Religious discrimination
• Procedural fairness
• Remedies for unfair dismissal
• Unfair-termination
• Religious-discrimination

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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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xiao long zhan vs chinese hotel 2023 tzhcld 1239 28 april 2023

Court

TANZLII

The Applicant was unfairly terminated by the Respondent without following proper procedures or affording the right to be heard. The employment relationship was established by conduct and unchallenged documentary evidence. The Respondent failed to prove lawful termination or payment of due salaries. The Applicant is entitled to unpaid salaries for January and February 2021 and for the remaining five months of the contract, but not to repatriation allowance as recruitment was in Tanzania.

Source excerpt

• Unfair termination
• Employment contract
• Right to be heard
• Procedural fairness
• Remedies for unfair dismissal

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universal cargo transhipment holdings co ltd vs john bosco ponela 2023 tzhcld 2 21 february 2023

Court

TANZLII

The arbitrator lacked jurisdiction to hear the dispute ex parte; section 87(3)(b) does not authorize such proceedings. The award was issued without proper authority and must be set aside.

Source excerpt

• Arbitrator's jurisdiction
• Ex parte proceedings
• Employment termination
• Remedies for unfair dismissal

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universal cargo transhipment co ltd vs john bosco ponela 2023 tzhcld 1370 21 february 2023

Court

TANZLII

The arbitrator lacked jurisdiction to hear and determine the dispute ex parte; the statutory framework only permits conciliation by the arbitrator, and upon failure, the matter must be referred for arbitration, not determined ex parte by the conciliator.

Source excerpt

• Arbitration
• Jurisdiction of arbitrator
• Ex parte proceedings
• Employment termination
• Remedies for unfair dismissal

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said juma mtika vs home african investment corporation 2023 tzhcld 1152 14 february 2023

Court

TANZLII

The High Court revised a CMA award, finding the worker was employed on an unspecified-period contract and was unfairly terminated without lawful procedure.

• Unfair termination
• Employment contract classification
• Employee rights
• Remedies for unfair dismissal
• Unfair-termination
• Employment-contract-classification

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hacle security limited vs agatha g ponela 2023 tzhcld 1439 21 septemba 2023

Court

TANZLII

Since the respondent was not unfairly terminated but was absent from work on her own accord, the CMA erred in ordering her return to work with salary rights; such remedy is only available where unfair termination is established.

Source excerpt

• Unfair termination
• Remedies for unfair dismissal
• Jurisdiction of commission for mediation and arbitration
• Employee absenteeism

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charles mwita siaga vs national microfinance bank plc 2022 tzca 227 29 april 2022

Court

TZCA

The Court of Appeal upheld dismissal of a bank manager, holding the termination was substantively fair but procedurally unfair, and compensation—not reinstatement—was appropriate.

• Unfair termination
• Procedural fairness
• Substantive fairness
• Remedies for unfair dismissal
• Disciplinary authority
• Double jeopardy in employment

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