Tanzania Case Law

RULING Arineitwe Moses Another vs

Court

TANZLII

Applicants failed to prove constructive termination as the working environment was not intolerable and they did not exhaust internal grievance mechanisms. They were not permanent employees, lacking evidence of a permanent contract or statutory deductions. However, they are entitled to two months' unpaid allowances and Certificates of Service as recognized by the respondent.

Source excerpt

• Constructive termination
• Employment contract
• Employee remedies
• Probation period
• Certificate of service

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Ruling Mashapale

Court

TANZLII

The High Court dismissed a labour revision challenge to a CMA award, finding the respondents were employees and that the fixed-term contract issues were properly assessed.

• Unfair termination
• Employment contract
• Breach of contract
• Burden of proof
• Fixed term contract
• Reasonable expectation of renewal

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omary awadh transport co vs mambo omary mambo 2024 tzhcld 30 7 march 2024

Court

TANZLII

The High Court upheld an arbitral award for unfair termination, finding no proof of a mutual agreement to end employment because the respondent had not signed the key documents.

• Unfair termination
• Mutual agreement termination
• Employment contract
• Repatriation
• Compensation
• Severance pay

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steven chambo kivuma vs karen general supply 2024 tzhcld 4 13 february 2024

Court

TANZLII

The High Court dismissed a labour revision application, holding that the applicant failed to prove the pleaded termination date and that the dispute was time-barred.

• Unfair termination
• Employment contract
• Time bar
• Burden of proof
• Labour-law
• Unfair-termination

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john batista vs sos childrens village tanzania 2024 tzhcld 1 8 february 2024

Court

TANZLII

The High Court upheld the dismissal of a labour revision challenging termination for gross negligence in failing to report a child abuse incident.

• Unfair termination
• Gross negligence
• Employment contract
• Child protection policy
• Disciplinary proceedings
• Unfair-termination

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REV NO 5607 OF 2024 AMINA JUMA MOHAMED VRS LAKE OIL LIMITED

Court

TANZLII

Applicant consented to termination by agreement and accepted payment, barring further claims; claim for higher compensation was unproven; however, calculation errors in terminal benefits entitle applicant to additional payment.

Source excerpt

• Mutual termination
• Severance pay
• Terminal benefits
• Fair hearing
• Employment contract

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QSTEK FARMING LTD V

Court

TANZLII

The CMA proceedings and award were nullified because the applicant was denied the right to be heard, specifically by not being afforded an opportunity to comment on the admission of exhibits, which constituted a breach of natural justice and rendered the proceedings a nullity.

Source excerpt

• Unfair termination
• Right to fair hearing
• Natural justice
• Admissibility of evidence
• Employment contract
• Remedies for breach of contract

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DAMASI SAMSON HEMUV

Court

TANZLII

Termination of the applicant was substantively fair due to proven misconduct, and although procedurally unfair, the compensation of three months' salary was appropriate and within the court's discretion.

Source excerpt

• Unfair termination
• Procedural fairness
• Substantive fairness
• Employment contract
• Compensation for unfair termination

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APPLICATION NO 17363 OF 2024 JUMANNE SALIM YUSUPH VRS MERAAS PERFUME COMPANY LIMITED

Court

TANZLII

Applicant failed to prove the companies are the same or that he was transferred; evidence supports Respondent's position. No breach of contract occurred, and procedural issues raised were not before the CMA. Application dismissed for lack of merit.

Source excerpt

• Employment contract
• Company registration
• Transfer of employment
• Procedural fairness
• Termination

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REV NO 24023 OF 2024 GSM TANZANIA LIMITED VRS SMART DEUS RWEHUMBIZA

Court

TANZLII

The respondent admitted to performing duties of the vendor and making payments to vendor's employees, contrary to the employer's code of conduct and contract terms. This constituted misconduct and justified termination. The procedural violations alleged by the respondent were not sufficient to override the substantive admission of misconduct. The CMA's award was based on a misapprehension of the evidence and legal standards.

Source excerpt

• Unfair termination
• Conflict of interest
• Disciplinary procedure
• Employment contract
• Burden of proof

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