Tanzania Case Law

SAUDA KIWANDA V

Court

TANZLII

The court held that the applicant admitted to the misconduct both in writing and in evidence, satisfying the required standard of proof. The respondent was not required to prove the allegations beyond reasonable doubt. The applicant failed to substantiate procedural irregularities with evidence, and the issues raised at revision were not pleaded at the arbitration stage. Therefore, the termination was both substantively and procedurally fair, and there was no basis to revise the arbitral award.

Source excerpt

• Unfair termination
• Standard of proof in labour disputes
• Procedural fairness in disciplinary proceedings
• Pleadings and evidence in labour disputes

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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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NICHOLAUS ELIT JD

Court

TANZLII

Applicants failed to prove existence of agreements for overtime or special project work as required by law; absence of such agreements means claims cannot be sustained.

Source excerpt

• Overtime payment
• Proof of employment agreement
• Special project compensation
• Standard of proof in labour disputes

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