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Tanzania decisions
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The High Court upheld most of a CMA award on unfair termination, finding the dismissal substantively and procedurally unfair, but set aside annual leave pay already proved paid.
Termination of applicants was unfair due to failure to follow statutory procedure for retrenchment, including notice and consultation; applicants entitled to compensation for unfair termination and annual leave, but not overtime or 24 months salaries.
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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.
Termination was both substantively and procedurally unfair as the employer failed to follow retrenchment procedures and did not prove valid reason for termination; applicant is entitled to compensation and terminal benefits.
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The applicant was constructively terminated due to intolerable working conditions created by the respondent, specifically non-payment of salaries; evidence did not support absconding; CMA failed to properly evaluate evidence; applicant entitled to terminal benefits and compensation for unfair termination.
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The High Court dismissed the employer’s appeal, holding that the labour claim was governed by the repealed Employment Act because it arose before the new Act commenced.
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