Tanzania Case Law

national microfinance bank plc vs elizabeth alfred khairo 2023 tzca 17490 10 august 2023

Court

TZCA

The termination of the respondent was substantively unfair as it was based on her religious observance, which is constitutionally protected, and the employer failed to reasonably accommodate her beliefs. The award of compensation must comply with statutory provisions and cannot combine reinstatement and compensation; only compensation for twelve months' remuneration is proper in this case.

Source excerpt

• Unfair termination
• Freedom of religion
• Employment discrimination
• Remedies for unfair dismissal
• Procedural fairness in termination

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CIVIL APPEAL NO 609 OF 2023 RICHARD GEORGE WEREMA VS TANZANIA ELECTRIC SUPPLY COMPANY LIMITED TANESCO

Court

TANZLII

The appellant is estopped from challenging the CMA's decision to hear the two disputes separately, as he himself successfully prayed for that course; the CMA's handling of the claims was not illegal, and the High Court did not err in upholding the CMA's dismissal of the appellant's claims for harassment and discrimination.

Source excerpt

• Employment discrimination
• Harassment
• Unfair termination
• Pleadings amendment
• Estoppel

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national bank of commerce vs fransisca assey 2022 tzhcld 635 15 june 2022

Court

TANZLII

The High Court nullified CMA proceedings for material recording discrepancies and inconsistencies, quashed the award, and ordered a de novo hearing before another arbitrator.

• Employment discrimination
• Procedural irregularities
• Harassment
• Miscarriage
• Trial de novo
• Labour-law

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tanganyika estate agents limited vs raphael d nondi 2021 tzhcld 300 13 august 2021

Court

TANZLII

The High Court partly allowed a labour revision, upholding findings of unfair termination and discrimination but setting aside a commission award tied to an unformed partnership.

• Unfair termination
• Employment discrimination
• Procedural fairness
• Employment contracts
• Unfair-termination
• Employment-discrimination

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tanganyika estate agents limited vs raphael d nondi 2021 tzhcld 324 13 august 2021

Court

TANZLII

The court held that the applicant failed to prove valid reasons for termination, as there was no sufficient evidence of reckless driving, malicious damage, or poor work performance. The court also found that the disciplinary hearing was not impartial, as the chairman was not neutral. The respondent was discriminated against in pay compared to a subordinate. The Arbitrator's award of future commissions was set aside as the partnership company was never formed, but other reliefs for unfair termination and unpaid salaries were upheld.

Source excerpt

• Unfair termination
• Employment discrimination
• Employment contracts
• Compensation for unfair termination

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20131030 TZHC Tanga

Court

TZHC

The High Court upheld dismissal of a labour claim, holding that the applicant failed to prove discrimination, breach of contract, or unfair treatment in restructuring.

• Employment discrimination
• Unfair labour practice
• Breach of employment contract
• Burden of proof in labour disputes
• Employment-discrimination
• Unfair-labour-practice

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institute for human rights and development in africa v democratic republic of congo communication 247 of 2002 2003 achpr 43 29 may 2003

Court

ACHPR

The African Commission declared the communication inadmissible because the complainant did not exhaust local remedies or show they were unavailable or ineffective.

• Exhaustion of local remedies
• Refugee rights
• Employment discrimination
• Admissibility of communications
• Exhaustion-of-local-remedies
• Admissibility-of-communications

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