Tanzania Case Law

exim bank t ltd vs agness temba 2023 tzhcld 1205 10 february 2023

Court

TANZLII

The employer's actions, including transferring the respondent to Shinyanga while she was required to report to Dar es Salaam police monthly, failing to facilitate her family relocation, and not providing the investigation report, created intolerable working conditions amounting to constructive termination. The award of 24 months' compensation was justified given the prolonged unresolved allegations and impact on the respondent's employment record.

Source excerpt

• Constructive termination
• Employee transfer
• Compensation for unfair termination
• Burden of proof in constructive dismissal

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CIVIL APPEAL NO 250 OF 2022 OMARI RISHAEL KITOMARI VS KURINGE REAL ESTATE CO

Court

TANZLII

The appellant failed to prove that the working environment was intolerable or that the resignation was involuntary and caused by the employer. The appellant did not exhaust available dispute resolution mechanisms before resigning. The High Court did not err in considering the prior labour dispute as it was relevant to the issues framed for determination.

Source excerpt

• Constructive termination
• Unfair dismissal
• Employment dispute resolution
• Burden of proof in constructive dismissal

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victoria jonathan vs statoil tanzaniacurrently known as equinor tanzania 2020 tzhcld 424 26 october 2020

Court

TANZLII

The High Court upheld a CMA award, finding no constructive termination and no breach of the right to be heard after remission for a fresh award on existing evidence.

• Constructive termination
• Right to be heard
• Employment resignation
• Burden of proof in constructive dismissal
• Constructive-termination
• Right-to-be-heard

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