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Applicant is not entitled to salary arrears for months not worked after settlement agreement and knowledge of termination; however, he is entitled to payment in lieu of notice and leave pay for the last contract period, but not severance pay as his contract was only for one year.
Source excerpt
The respondent's contract was renewed by default as he continued working and was paid after the expiry of the previous contract; the employer is estopped from denying renewal. The award is varied only to exclude leave allowance due to lack of proof, reducing the total award from TZS 24,000,000 to TZS 22,000,000.
Source excerpt
The High Court set aside a CMA award, holding that a fixed-term employment contract ended automatically on expiry and there was no proven unfair termination or discrimination.
On revision from the CMA, the High Court held that non-payment of one month's salary was a breach of contract, but the six-month award was irrational.
The High Court allowed a labour revision, quashed the arbitrator’s award, and ordered payment of unpaid salary, annual leave, transport allowance, and severance pay.
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