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Tanzania decisions
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The Court of Appeal held the employee’s termination was substantively unfair but procedurally fair, and replaced the High Court’s award with 12 months’ compensation under the ELRA.
The CMA lacked jurisdiction to entertain the dispute as the applicants were public servants required to exhaust internal remedies under the Public Service Act before approaching the CMA. The applicants' reliance on the Employment and Labour Relations Act was misplaced given the statutory amendments and the nature of their employment.
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The respondent followed proper retrenchment procedures, but the arbitrator erred in denying severance pay to the applicants solely because they were not CHODAWU members; statutory entitlement to severance pay is not limited to union members.
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Expiry of a fixed term contract does not constitute unfair termination, and the applicants were not entitled to compensation or benefits under the collective bargaining agreement as their employment was not permanent. Notice of non-renewal was not required to comply with statutory notice provisions for termination.
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The applicant was not entitled to the claimed monetary reliefs as his employment with the respondent ended upon expiry of tenure, not by retirement, and the respondent was not obliged to pay repatriation or related costs. Claims for leave and delayed gratuity were time-barred and not condoned. The applicant is only entitled to a certificate of service for his period as deputy general secretary.
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The High Court revised a CMA award on overtime, holding TAZARA’s employees in TSG 8-11 were management staff entitled to responsibility allowance, not overtime.
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