Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court partly revised a CMA award, increasing allowance entitlement to TZS 680,000 but setting aside an unjustified gratuity award.
The applicant is not entitled to gratuity payments under the second and third contracts because the law prohibits double benefits for employees who are members of a social security fund. The contract terms must be interpreted in light of the governing statutes, which require that gratuity be deducted and remitted to the social security fund if the employee is a member. The respondent acted lawfully in making the deductions, and the applicant failed to prove entitlement to additional gratuity beyond what was remitted to the fund.
Source excerpt
High Court labour revision dismissed a challenge to terminal benefits awarded after retrenchment, holding the parties’ written agreement supported the award.
The High Court upheld a CMA award of severance pay, finding the ten-year calculation correct under section 42 of the ELRA despite twelve years of service.
The CMA erred in awarding TZS 115,545,973/= to the 1st respondents without specific proof of individual claims, as only one witness testified and no documentary evidence substantiated the amounts. The claims were not common and required individual proof. The issue of frustration does not arise as the applicant was still the employer at the relevant time and was required to settle outstanding claims before handing over the school.
Source excerpt
The applicant failed to prove a valid reason for termination and did not follow fair procedure, as required by law. The evidence did not establish the alleged misconduct, and procedural lapses invalidated the disciplinary process. The arbitrator erred in calculating the respondent's salary, but the respondent was entitled to compensation, severance, and gratuity based on proven basic salary and years of service.
Source excerpt
The Court of Appeal held that the gratuity agreement had ceased after proper notice, so the appellant’s retirement benefits were not governed by it.
Revision of a CMA award partly allowed. The High Court upheld gratuity and expected income, but set aside long service, medical, and repatriation-related awards.
The High Court dismissed a claim for unpaid gratuity, holding the plaintiff failed to strictly prove the alleged balance and supporting exchange-rate evidence.
The 1st respondents discharged their burden of proof by oral evidence showing non-payment; appellant failed to discredit their case or prove payment to respondents; trial court's findings are upheld.
Source excerpt
Explore more
