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Tanzania decisions
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The parties are bound by the Deed of Settlement and retrenchment agreement, which covered repatriation and notice payments; CMA erred in awarding additional amounts beyond the agreed settlement.
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The High Court upheld an arbitral award for unfair termination, finding no proof of a mutual agreement to end employment because the respondent had not signed the key documents.
The Court of Appeal of Tanzania dismissed both sides’ appeals in a labour dispute, upholding the High Court’s decision on repatriation, subsistence allowance, and calculation of daily basic wage.
The High Court found the employee had been constructively terminated after intolerable conduct by the employer and quashed the CMA award.
The CMA had jurisdiction as DAWASA is a public corporation excluded from the definition of public service office under the Public Service Act; respondent's place of recruitment and termination was Dar es Salaam, so subsistence allowance and repatriation to place of domicile were not applicable; only salary for the remaining period of the renewed contract was payable, and other reliefs were not proved or contractually justified.
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The High Court was correct in finding that the respondent had valid and fair reasons for terminating the appellant's contract for gross misconduct, including involvement in politics and gross dishonesty. Compensation for unfair termination was properly reduced to three months' salary as the unfairness was procedural only. Subsistence allowance was correctly pegged to daily salary, not per diem. The appellant was entitled to one month's salary in lieu of notice and leave for 2015. The application for revision was not time-barred, and the High Court acted within its discretion in granting leave…
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The applicant's contract was a fixed term contract which expired and was not renewed; termination was not unfair. Repatriation is to Kyaka, not Tabora, and subsistence allowance is payable up to the date the applicant refused repatriation.
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Labour revision concerning a fixed-term employment contract, alleged unfair termination, and claims for compensation, repatriation, subsistence allowance, and severance pay.
The High Court upheld a CMA award in a labour revision, finding the subsistence allowance claim timely but insufficiently justified and dismissing the application.
The respondent's subsistence allowance must be calculated based on his daily basic wage (Tshs. 10,000/= per day), not the public servant rate (Tshs. 45,000/= per day). The arbitrator did not err in issuing a new figure as it reflected the increased number of days pending repatriation. Subsistence allowance accrues until actual repatriation, including days the matter was in court. The same arbitrator was proper to clarify the award as per court orders.
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