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Tanzania decisions
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The High Court in Mwanza set aside a CMA award, holding that the employee’s termination was unfair substantively and procedurally and awarded compensation.
The respondents' termination was unlawful as the termination letters cited misconduct without evidence or disciplinary proceedings. Compensation is justified but reduced from 30 to 24 months as the original award was excessive. Repatriation costs are not payable due to lack of proof that place of recruitment and termination differed.
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High Court labour revision on absenteeism and repatriation entitlements; award varied to include subsistence allowance, but the revision was otherwise dismissed.
The Court of Appeal held that an employee who resigns may still be entitled to repatriation costs and subsistence allowance under the ELRA and Code of Good Practice.
The Court of Appeal held that a resigning employee was still entitled to repatriation costs and subsistence allowance under section 43(1) of the ELRA.
The High Court dismissed an application for leave to appeal, holding the applicant had not shown an arguable point of law or public importance.
The CMA had jurisdiction to determine the dispute as it was properly referred by the applicant for breach of contract. The contract was void due to the expired work permit, and the applicant was recruited in Moshi, Tanzania, thus not entitled to repatriation costs or subsistence allowance.
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The applicant was terminated for absenteeism, which was a valid substantive reason supported by evidence that he was working for another employer during the period of absence. However, the respondent failed to follow procedural fairness by not conducting disciplinary proceedings. The applicant is not entitled to repatriation costs as his contract listed Bagamoyo as both place of recruitment and termination. The arbitrator's failure to join Eagles Secondary School was not a fatal error as the applicant did not properly apply for joinder. The applicant is entitled only to compensation for proce…
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Applicant failed to prove constructive termination as there was no evidence that intolerable conditions were communicated to the employer or Board before resignation, and as CEO he was responsible for salary payments. The court found no merit in the claim for constructive termination or related benefits.
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Applicants are entitled to subsistence allowance from date of termination to date of repatriation as their place of recruitment was outside Morogoro and CMA erred in not awarding this remedy.
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