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Tanzania decisions
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The Court of Appeal upheld a finding that the redundancy was unlawful for lack of prior consultation, and affirmed compensation of twelve months' salary.
The High Court revised a CMA award, holding that the applicant was entitled to the remainder of his fixed-term contract after early termination.
The respondent, having signed the retrenchment agreement and accepted the retrenchment package, was estopped from challenging the termination and claiming further compensation. The arbitrator erred in refusing to admit the applicant's electronic evidence for lack of affidavit, as the law does not require an affidavit for admissibility. The award of compensation and bonus to the respondent was therefore set aside.
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The applicants, except Morris D. Ng'ondo, were condemned unheard as only one applicant testified without proper mandate; each applicant was required to prove his/her own claim due to differing employment terms; the CMA award is a nullity for failure to afford all applicants the right to be heard.
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The respondent's fixed term contract was terminated before expiry without compliance with retrenchment procedures under Section 38 of ELRA; no evidence of discrimination or harassment was established; compensation must be limited to the remaining period of the contract.
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Application granted on ground of alleged illegality in the High Court decision, which constitutes sufficient reason for extension of time under settled law; technical delay was not established and applicants failed to account for actual delay, but illegality raised in notice of motion sufficed.
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The Court of Appeal dismissed an employment appeal, holding that the termination was lawful after restructuring and that the contract clause on termination applied.
The High Court upheld a CMA award, finding that the employee was constructively terminated after demotion, failed interviews, and refusal of redundancy.
The appellants' claims were based on an intended Voluntary Agreement that was not signed or registered, and parties had entered into a substituted arrangement under which appellants relinquished all claims. The unsigned Voluntary Agreement was not enforceable, and appellants failed to prove their claims on the balance of probabilities.
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The Court of Appeal held the appellant’s termination was unlawful and allowed the appeal, ordering reinstatement and payment of employment rights after deductions.
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