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Tanzania decisions
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The High Court set aside a CMA award for constructive termination, finding the respondent did not prove intolerable working conditions or exhaust internal grievances.
The applicant was a probationer at the time of termination as there was no evidence of confirmation; thus, he was not entitled to remedies for unfair termination, and the dispute was improperly filed as unfair termination instead of unfair labour practice relating to probation.
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The High Court Labour Division dismissed a claim for voluntary retirement benefits, holding the claimant had not completed ten unbroken years under an unspecified-period contract.
The Court of Appeal held that presenting false receipts amounted to gross dishonesty justifying termination, and that disciplinary committee members need not testify before the CMA.
The Court of Appeal of Tanzania held that the bank’s termination was substantively fair but procedurally unfair, reduced compensation to 12 months, and set aside costs.
The High Court Labour Division held the retrenchment was procedurally valid, accepted the employee’s contract and salary evidence, and set aside compensation for unfair termination.
The High Court upheld a CMA award, finding the employee was on probation and was lawfully ended after warnings and performance concerns.
The High Court partly allowed a labour revision, finding the dismissal substantively justified but procedurally unfair because the employer failed to call witnesses.
The applicant failed to demonstrate sufficient cause for the delay in filing his complaint, as the evidence showed he was aware of the termination and repatriation terms, and the cancellation of the work permit occurred after his return to Tanzania. The reasons advanced did not justify the delay, and the application lacked merit.
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The application for revision is dismissed because interlocutory orders condoning delay are not revisable under Rule 50 of the Labour Court Rules, and the trial tribunal was justified in granting condonation based on ongoing negotiations and the employment contract's requirement for amicable settlement.
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