tanzania breweries limited vs leo kobelo 2024 tzca 57 19 february 2024
The appellant failed to prove that the respondent was aware of or had agreed to performance standards, and did not serve warning letters as required by law. The procedure for termination on grounds of poor work performance was not followed, rendering the termination both substantively and procedurally unfair. The successor arbitrator gave reasons for taking over, satisfying the legal requirement. The order of reinstatement was proper under the law, with compensation as an alternative if reinstatement is impracticable.
Source excerpt
- Unfair termination
- Employment standards
- Reinstatement
- Procedural fairness
- Burden of proof in termination
- Arbitration procedure