BEATRICE MWANDEMBWA V
The application is marked as settled since the applicant has received the agreed sum as full and final settlement, barring any further claims.
Source excerpt
- Retrenchment
- Settlement
- Breach of contract
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93
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.
Source excerpt
- Retrenchment
- Repatriation
- Settlement deed
- Notice payment
- Employment contract breach
OFF GRID
Applicant failed to prove valid and fair reason for retrenchment and did not comply with procedural requirements, specifically issuance of notice; termination was unfair and compensation was rightly awarded.
Source excerpt
- Retrenchment
- Unfair termination
- Compensation
- Procedural compliance
joseph fissoo others vs ithna asheri charitable hospital 2024 tzca 190 18 march 2024
Where termination is substantively fair but procedurally unfair, the arbitrator or Labour Court may exercise discretion to award compensation less than twelve months' salary. The respondent failed to fully comply with retrenchment procedures, but the operational reason for termination was valid and fair. The appeal lacks merit as the High Court's award was justified under prevailing legal principles.
Source excerpt
- Unfair termination
- Retrenchment
- Compensation
- Procedural compliance
helena chinyuka vs letshego t limited ta faidika microfinance 2024 tzhcld 27 13 march 2024
High Court Labour Division dismissed a revision application challenging retrenchment, holding that the applicant accepted terminal benefits and was estopped from disputing the termination.
- Retrenchment
- Unfair termination
- Employment contracts
- Issue estoppel
- Unfair-termination
- Issue-estoppel
abubakari rashid shekifu 4 others vs nas dar airco company ltd 2024 tzhcld 17 4 march 2024
Applicants, having accepted and received terminal benefits without challenging the retrenchment process prior to payment, are estopped from contesting the fairness of the retrenchment. The application is dismissed for want of merit.
Source excerpt
- Unfair termination
- Retrenchment
- Procedural fairness
- Issue estoppel
tanzania cigaratte public limited company vs bakari salehe upendo mbughu others 2024 tzca 145 1 march 2024
Disputes referred to the Commission for Mediation and Arbitration by the Labour Commissioner under section 86(1) of the ELRA and paragraph 13(5) of the third schedule to Cap 366 are not exempt from limitation laws; the respondents were heard by the CMA and cannot claim to have been condemned unheard; the High Court erred in holding otherwise and in addressing substantive issues at the preliminary objection stage.
Source excerpt
- Limitation of actions
- Retrenchment
- Right to be heard
- Jurisdiction
- Statutory interpretation
emmanuel shio others vs resolution insurance limited 2024 tzca 151 29 february 2024
The Court of Appeal held that a few-hours retrenchment notice was unreasonable and procedurally unfair under the ELRA, allowing the employees’ appeal.
- Retrenchment
- Unfair termination
- Procedural fairness
- Employment law
- Unfair-termination
- Procedural-fairness
abduel emmanuel vs medicins sans frontiers 2024 tzhcld 11 19 february 2024
The High Court granted time extension to file a labour revision, finding the delay was technical after an earlier revision was withdrawn for defective verification.
- Extension of time
- Revision
- Retrenchment
- Termination of employment
- Res judicata
- Extension-of-time
bahati juma kimwana and another vs registered trustees of islamic propagation center 2024 tzhc 267 15 february 2024
The High Court upheld a CMA award in a retrenchment dispute, finding valid economic and structural reasons, proper consultation, and no entitlement to remaining contract salaries.
- Retrenchment
- Unfair termination
- Employment contracts
- Procedural fairness
- Labour-law
- Fixed-term-contracts
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