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Tanzania decisions
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The CMA lacked jurisdiction to entertain the dispute as the respondent was a public servant; disciplinary and termination matters must be addressed through the Public Service Commission and not the CMA.
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Termination was unfair as employer failed to prove dishonest or breach of trust; compensation of 15 months salary was appropriate and above statutory minimum; remuneration calculation must include all payments; disciplinary action during pending criminal proceedings was improper.
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The disciplinary proceedings against the applicant were procedurally flawed due to the absence of a preliminary inquiry and a properly signed charge sheet, violating principles of natural justice and due process. The failure to disclose relevant documents and follow statutory procedures rendered the dismissal unlawful.
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The CMA lacked jurisdiction to entertain the dispute because the respondent failed to exhaust internal remedies as mandated by the Muhimbili National Hospital Act No. 5 of 2000, its regulations, and relevant guidelines. The requirement to appeal internally before approaching the CMA was clear and not complied with, rendering the proceedings and award null and void.
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Applicant's conduct amounted to negligence but not wilful and gross negligence; termination was not appropriate sanction, final written warning was justified; procedural fairness was violated by failure to provide investigation report; appellate committee provided reasons but termination was disproportionate.
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The applicant failed to prove the respondents committed the alleged misconduct, as there was no direct evidence linking them to the theft or overloading, and discrepancies in weighbridge records were not resolved. Procedural fairness was also lacking as the investigation report was not served to the respondents. Thus, the termination was both substantively and procedurally unfair.
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The Respondent violated company policy by working remotely outside the country without permission for more than 20 days, failed to return to work after leave and after expiry of granted remote work period, and did not obtain further approval. Absenteeism and insubordination were proved. Termination was both substantively and procedurally fair. The CMA erred in finding otherwise and in ordering reinstatement and compensation.
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The applicant was required to exhaust internal remedies under the University of Dar es Salaam Rules before filing at CMA. Failure to do so rendered the CMA without jurisdiction. The preliminary objection was on a pure point of law and did not require evidence. The arbitrator was correct in dismissing the dispute.
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The High Court Labour Division set aside a CMA award, finding the employee was unfairly terminated and awarding notice pay plus remaining fixed-term salary.
The High Court upheld a CMA award, finding the employee was fairly terminated for gross insubordination and that the disciplinary process was procedurally fair.
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