Tanzania Case Law

saimon frank mzee vs sbc tanzania limited 2023 tzhcld 1145 13 march 2023

Court

TANZLII

The Mediator had jurisdiction to determine preliminary objections, including res judicata, as such issues are incidental to mediation and necessary for effective dispute resolution. The matter before the CMA was res judicata because the same parties had already settled the dispute through mediation, and the applicant was bound by the terms of the mutual agreement reached. Allowing further litigation would undermine finality and the objectives of labour dispute resolution.

Source excerpt

• Jurisdiction of mediator
• Res judicata
• Labour dispute resolution
• Termination by agreement

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saimon frank mzee vs sbc tanzania limited 2023 tzhcld 1212 13 march 2023

Court

TANZLII

The Mediator had jurisdiction to determine preliminary objections, including res judicata, as these are jurisdictional issues necessary for mediation. The dispute was res judicata because the same parties had previously settled the same cause of action by mutual agreement through mediation, and the applicant is bound by that agreement.

Source excerpt

• Jurisdiction of mediator
• Res judicata
• Termination by agreement
• Mediation powers
• Labour dispute resolution

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APPLICATION NO 27666 OF 2023 HOT BUNS LIMITED VRS DEOGRATIUS MAKENE

Court

TANZLII

No valid mutual agreement to terminate employment was proved. Termination was based on poor performance but procedures for such termination were not followed. Respondent was unfairly terminated and entitled to compensation.

Source excerpt

• Unfair termination
• Termination by agreement
• Employment contract
• Compensation

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majaliwa athumani mbembezi vs yapi markezi insaat senayi as 2022 tzhcld 6 27 january 2022

Court

TANZLII

The High Court dismissed a labour revision challenge and upheld the CMA award, finding the employee’s termination was by mutual agreement and the objections unproven.

• Unfair termination
• Termination by agreement
• Procedural fairness
• Evidence recording
• Separation agreement
• Labour-law

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yara tanzania limited vs catherine assenga 2021 tzhcld 259 16 july 2021

Court

TANZLII

The respondent freely entered into the separation agreement, was not forced or induced, and accepted the consideration. Termination by agreement is lawful. The CMA erred in finding unfair termination and awarding compensation. The Arbitrator's award is quashed and set aside.

Source excerpt

• Termination by agreement
• Sanctity of contract
• Unfair termination
• Revisionary powers of court

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francis kidanga vskilimanjaro fast ferries ltd 2021 tzhcld 102 30 april 2021

Court

TANZLII

The court found that the employment contract was terminated by mutual agreement, evidenced by a signed written agreement (exhibit D7). The applicant's claim of forgery was unsupported by evidence. There was no requirement for a disciplinary hearing as the termination was by consensus. The applicant is bound by the agreement and estopped from denying it. The arbitrator's decision was upheld and the revision was dismissed for lack of merit.

Source excerpt

• Termination by agreement
• Mutual consent
• Estoppel
• Procedural fairness

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yara t ltd vs athumani mtangi others 2020 tzhcld 71 22 april 2020

Court

TANZLII

Termination by agreement is lawful only if mutually agreed and reasons are stated. The absence of evidence of negotiation and stated reasons rendered the termination substantively and procedurally unfair. Respondents cannot be compensated twice for the same termination.

Source excerpt

• Termination by agreement
• Unfair termination
• Sanctity of contract
• Coercion in contracts
• Employment compensation

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