Tanzania Case Law

godwin geodrey vs pivotech company limited 2024 tzhcld 14 8 march 2024

Court

TANZLII

The cause of action arose on 24/05/2022 when the fixed term contract expired. The dispute was filed at the CMA on 12/08/2022, 79 days after the cause of action, exceeding both the 30-day and 60-day limitation periods. There was no evidence the Applicant continued to work after contract expiry. The application was time barred and properly dismissed by the Arbitrator.

Source excerpt

• Fixed term employment contracts
• Limitation periods
• Unfair termination
• Breach of contract

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aga khan education service tanzania vs joseph nicholaus achila 2024 tzhcld 18 4 march 2024

Court

TANZLII

The respondent's two-year fixed term contract was unfairly terminated both substantively and procedurally. The CMA F1 filed on 4th June 2021 was within the statutory time limit. Remedies for unfair termination apply to fixed term contracts exceeding six months. The arbitrator was correct to award compensation for the remaining period of the contract. No procedural injustice resulted from the presence of two CMA F1 forms.

Source excerpt

• Unfair termination
• Fixed term employment contracts
• Remedies for unfair termination
• Jurisdiction of cma
• Procedural irregularities

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HELENA MWAINE ANOTHER V

Court

TANZLII

The applicants' fixed term contracts were renewed by default as they continued working after expiry. The respondent breached the renewed contracts by terminating the applicants without following proper procedures or providing evidence of poor performance. The applicants are entitled to salary for the unexpired term but not severance pay as they did not complete a year under the renewed contracts.

Source excerpt

• Fixed term employment contracts
• Renewal by default
• Unfair termination
• Terminal benefits

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republic vs baraka simon mathias 2023 tzhc 23434 12 december 2023

Court

TZHC

The respondent's employment contract was a fixed term contract that expired automatically on the agreed date. There was no reasonable expectation of renewal as each contract was for a different position and terms. The Arbitrator erred in holding there was a breach of contract and in awarding compensation. The employer was not required to issue notice or pay salary in lieu of notice upon expiry of the contract.

Source excerpt

• Fixed term employment contracts
• Breach of employment contract
• Legitimate expectation of renewal
• Termination procedures

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gloria thompson mwamunyange vs precision air tanzania limited 2023 tzca 17907 7 december 2023

Court

TZCA

The Court of Appeal struck out an employment appeal, holding the grounds raised factual questions about contract renewal rather than points of law.

• Fixed term employment contracts
• Unfair termination
• Jurisdiction of appellate court
• Automatic renewal of contract
• Fixed-term-employment-contracts
• Unfair-termination

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suleiman edward kategile vs cbd hotel limited 2023 tzhcld 1426 27 september 2023

Court

TANZLII

The applicant failed to prove that the fixed term contract was renewed by default or that there was a reasonable expectation of renewal. The respondent properly notified the applicant of non-renewal, and the circumstances did not warrant automatic renewal under the law.

Source excerpt

• Fixed term employment contracts
• Legitimate expectation of renewal
• Breach of contract
• Terminal benefits

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sudi mangara another vs ngome savings and credit cooperative society ltd 2023 tzhcld 1431 22 september 2023

Court

TANZLII

The applicants' employment contracts were fixed term and expired on 14th June 2021. The purported extension letters of 31st May 2021 were invalid as they were not supported by a board resolution and were issued before the new board assumed office. Remaining in office after contract expiry for handover purposes and payment of full salary did not create a reasonable expectation of renewal or amount to contract renewal. The CMA award was correct in finding the termination fair and the application lacked merit.

Source excerpt

• Fixed term employment contracts
• Renewal of employment contracts
• Mandate of board in employment matters
• Severance pay
• Termination of employment

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irene boniface ngowi vs delfina eco tourism promotions ltd 2023 tzhcld 1289 31 may 2023

Court

TANZLII

The applicant's contract was a fixed term contract that ended on the agreed date. The applicant was notified of non-renewal in advance, and there was no evidence of work beyond the contract expiry to justify renewal by default. The number of previous renewals does not create a legal expectation of renewal when proper notice is given. The arbitrator's findings were logical and correct.

Source excerpt

• Fixed term employment contracts
• Unfair termination
• Expectation of renewal
• Compensation for unfair termination

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salum hussein kimashi vs g4s secure soulutions t limited 2023 tzhc 19626 24 february 2023

Court

TZHC

The High Court upheld dismissal of a labour revision, holding that a fixed-term employment contract ended on expiry and was not unfairly terminated.

• Fixed term employment contracts
• Termination of employment
• Renewal of contracts
• Unfair termination
• Fixed-term-employment
• Termination-of-employment

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ms anzania llc vs ally a nassoro 2022 tzhcld 1062 21 november 2022

Court

TANZLII

The High Court allowed revision, quashed a CMA award, and held that a fixed-term employment contract ended automatically without a reasonable expectation of renewal.

• Fixed term employment contracts
• Unfair termination
• Reasonable expectation of renewal
• Time limitation for filing disputes
• Interpretation of employment contracts
• Fixed-term-employment-contracts

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