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Tanzania decisions
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The Court of Appeal upheld dismissal of a labour appeal over retrenchment, holding the employer had a valid operational reason and had consulted employees.
The High Court upheld the employer’s retrenchment argument, finding valid operational reasons and adequate consultation, and quashed the CMA award.
The High Court upheld a CMA award, finding that Emirates Tanzania had a valid retrenchment reason and followed the required procedure during Covid-19 disruptions.
The High Court upheld a CMA award finding that Kennedy Jeremiah’s retrenchment by Andalus Corner Limited was fair in reason and procedure.
The High Court upheld a retrenchment based on structural changes, holding that consultation with a recognized trade union satisfied statutory procedure.
The appellant's termination was not voluntary resignation but constructive dismissal, as the respondent's unilateral salary reduction constituted repudiatory breach and intolerable working conditions. The respondent failed to follow mandatory retrenchment procedures under section 38(1) of ELRA, rendering the termination unfair and at the respondent's instance.
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The High Court upheld a CMA award, finding that termination after a government stop order and project closure was fair and not retrenchment.
No sufficient evidence of continued work after contract expiry; contract terminated automatically as per regulation; applicant received notice and certificate of service; no grounds to revise CMA decision.
Source excerpt
The High Court upheld a CMA award finding a retrenchment fair, holding that the employer had valid economic and structural reasons and followed consultation procedures.
The respondent's employment contract was for an unspecified period, not a specific task, as it lacked a defined end date and included terms typical of permanent employment. The termination was substantively fair due to operational requirements but procedurally unfair because statutory retrenchment procedures were not followed. Compensation of six months' salary was appropriate given the circumstances.
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