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Tanzania decisions
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The respondent failed to show sufficient cause to avoid arrest and detention as a civil prisoner, having not paid the decretal sum for three years and offering an unreasonable instalment plan, which evidences bad faith.
Source excerpt
The Court of Appeal of Tanzania dismissed both sides’ appeals in a labour dispute, upholding the High Court’s decision on repatriation, subsistence allowance, and calculation of daily basic wage.
There was an apparent arithmetical error in the previous judgment regarding the period for which the applicant was entitled to subsistence allowance, and the court has jurisdiction to correct such errors under review.
Source excerpt
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 applicant failed to prove valid and procedural termination; respondent was terminated orally and unfairly; respondent is entitled to compensation, notice pay, severance pay, repatriation pay, and subsistence allowance; annual leave pay was wrongly awarded and must be deducted.
Source excerpt
The High Court quashed a CMA clarification issued without hearing the parties, holding that the issue involved substantive rights over subsistence allowance.
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.
Source excerpt
The High Court partly allowed a labour revision, dismissing a subsistence allowance claim but setting aside the CMA award and granting salary arrears of TZS 245,200.
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