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Tanzania decisions
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Applicant is not entitled to salary arrears for months not worked after settlement agreement and knowledge of termination; however, he is entitled to payment in lieu of notice and leave pay for the last contract period, but not severance pay as his contract was only for one year.
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The correction of party names is inconsequential and does not invalidate the award; jurisdiction is determined by the location of the cause of action, not the employer's office; respondent was entitled to compensation and leave pay as the evidence supported a one-year fixed term contract and unlawful termination.
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The High Court partly allowed a revision application, quashing leave pay but upholding severance pay after finding the respondent was an employee and had worked over one year.
The termination was substantively fair but procedurally unfair due to inadequate and non-meaningful consultation, as required by law. However, the arbitrator erred in awarding 12 months' salary as compensation and in ordering additional severance, leave pay, and 13th month salary without evidentiary basis. Compensation was reduced to three months' salary for each respondent for procedural unfairness only.
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The High Court nullified CMA proceedings after finding the labour dispute was filed 34 days after resignation, outside the 30-day limit and without condonation.
Absence of a written outsourcing contract meant the respondent was deemed an employee of the applicant; leave pay was not procedurally justified due to non-compliance with statutory requirements, but severance pay was upheld as the respondent worked for over one year.
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The High Court partly allowed an employment appeal, awarding leave pay agreed by the parties but rejecting claims for August and September 2000 salaries.
Terminal benefits must be computed strictly according to the written contract; housing benefit is a deduction if accommodation is provided; gratuity and leave pay are based on basic salary, not including expatriate allowance; air fare entitlement requires proof of payment and delivery; overtime payment not implied for senior officers unless expressly stated.
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