Tanzania Case Law

tanzania breweries limited vs leo kobelo 2024 tzca 57 19 february 2024

Court

TZCA

The appellant failed to prove that the respondent was aware of or had agreed to performance standards, and did not serve warning letters as required by law. The procedure for termination on grounds of poor work performance was not followed, rendering the termination both substantively and procedurally unfair. The successor arbitrator gave reasons for taking over, satisfying the legal requirement. The order of reinstatement was proper under the law, with compensation as an alternative if reinstatement is impracticable.

Source excerpt

• Unfair termination
• Employment standards
• Reinstatement
• Procedural fairness
• Burden of proof in termination
• Arbitration procedure

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japhet angelo kiyeyeu vs kamaka company limited 2023 tzhcld 1421 27 september 2023

Court

TANZLII

The High Court confirmed a CMA award, holding the applicant did not prove termination by the employer, but remained entitled to unpaid salary subject to limitation rules.

• Unfair termination
• Employment contract
• Salary entitlement
• Burden of proof in termination
• Limitation of claims
• Labour-law

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dolphin filaments t limited vs janeth muro 4 others 2022 tzhcld 1087 12 december 2022

Court

TANZLII

The applicant failed to prove that the termination was due to genuine retrenchment and did not follow the required legal procedures. Evidence from one respondent was sufficient as the claims were identical. The application for revision lacked merit and was dismissed.

Source excerpt

• Unfair termination
• Retrenchment procedures
• Burden of proof in termination
• Representation in labour disputes

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eden mashasi vs barclays bank tanzania limited absa 2022 tzhcld 711 22 july 2022

Court

TANZLII

The High Court upheld the CMA award, finding the employee’s termination fair in substance and procedure and dismissing the revision application.

• Unfair termination
• Burden of proof in termination
• Disciplinary procedure
• Employment misconduct
• Unfair-termination
• Employment-misconduct

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irene julius kakubebe vs fem security services company 2021 tzhcld 492 13 october 2021

Court

TANZLII

The applicant failed to prove that she was terminated from employment, and since termination was not established, the CMA lacked jurisdiction to entertain the dispute, rendering the referral premature.

Source excerpt

• Unfair termination
• Jurisdiction of cma
• Premature filing
• Burden of proof in termination

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attachment orca deo ltd vs ally mussa yusuph 2021 tzhcld 96 30 april 2021

Court

TANZLII

The Mediator properly exercised discretion to correct the party name, and the Applicant failed to prove a valid and fair reason for termination, both substantively and procedurally, as required by law. The termination was therefore unfair.

Source excerpt

• Unfair termination
• Procedural fairness
• Substantive fairness
• Correction of party names
• Burden of proof in termination

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national bank of commerce nbc ltd vs mariamu mabula 2020 tzhcld 22 13 march 2020

Court

TANZLII

The High Court found no valid reason to dismiss a bank employee for gross negligence, upheld compensation, and set aside reinstatement.

• Unfair termination
• Remedies for unfair termination
• Burden of proof in termination
• Banking sector employment
• Unfair-termination
• Reinstatement

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