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Tanzania decisions
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The respondents' termination was unlawful as the termination letters cited misconduct without evidence or disciplinary proceedings. Compensation is justified but reduced from 30 to 24 months as the original award was excessive. Repatriation costs are not payable due to lack of proof that place of recruitment and termination differed.
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The Applicant failed to prove the misconduct charged and violated several procedural requirements in the termination process, rendering the termination unfair both substantively and procedurally. The Arbitrator was correct to order reinstatement, but the compensation period was reduced to 41 months due to the circumstances of the case.
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The applicant proved substantive reason for termination (insubordination), but failed to follow mandatory procedural requirements, including investigation and proper notice. The Arbitrator erred in awarding notice and leave pay already paid and used an incorrect salary figure for compensation. The award is reduced to six months' salary at the correct rate.
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The applicant failed to prove on a balance of probabilities that the respondent was dishonest or responsible for the alleged misconduct. The termination was therefore unfair. Compensation and payment in lieu of notice must be based on total remuneration, while severance pay must be calculated on basic salary only.
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Mediator lacked power to make calculations; executing officer is empowered to compute amounts due under settlement agreement when reinstatement is not complied with.
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The High Court revised a CMA award in a labour dispute, upholding unfair termination findings but reducing compensation from 18 months to the remaining contract period.
The High Court upheld execution of a CMA award, holding that the Deputy Registrar could compute and enforce the payable amount despite arguments about reinstatement.
The High Court upheld a CMA award of three months’ compensation, finding the employee’s net monthly salary was correctly taken from the contract after statutory deductions.
The respondent failed to demonstrate an objective basis for reasonable expectation of renewal. The contract expressly excluded renewal expectation, and the arbitrator erred in awarding compensation based on an incorrect salary and in finding unfair termination.
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Applicant failed to prove respondent 2 was on probation; applicant lacked valid reasons and did not follow proper procedures for termination; disciplinary hearing was improperly conducted while criminal proceedings were pending; compensation must be based on proven salary figures.
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