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Tanzania decisions
Decisions matching the current search
The Court of Appeal upheld compensation for unfair termination, finding reinstatement and retrial impracticable after the lapse of time, while correcting the statutory reference.
The appellant failed to demonstrate any objective basis for a reasonable expectation of renewal of his fixed-term contract; the employer's conduct and evidence did not support such expectation, and proper notice of non-renewal was given. Therefore, there was no unfair termination and no entitlement to statutory compensation.
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The appellant was not entitled to arrears of wages for the period absent from work; the respondent lawfully paid statutory compensation and special compensation as required by section 42(5) of the Act, and all claims for additional sums, subsistence allowance, and overtaxation were baseless.
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The alleged illegalities in the CMA award were not apparent on the face of the record and would require extensive argument to establish; therefore, they do not constitute sufficient cause for extension of time. Grounds based on new matters not raised before the High Court cannot be entertained. The appellant failed to demonstrate good cause for delay.
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The respondent is not entitled to wage arrears for the period not worked following dismissal, but only to statutory compensation and twelve months' wages as provided by section 40A(5) of the Security of Employment Act. The District Court erred in awarding wage arrears for the period the respondent was not at work.
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The High Court granted the employer leave to appeal to the Court of Appeal on six points of law arising from a labour revision dispute.
The High Court held that the Industrial Court could not determine an employment contract suo motu and that the appellant’s unfair dismissal warranted reinstatement or compensation.
The High Court of Tanzania allowed an appeal, restored the Industrial Court award to dismissed union leaders and workers, and held the revisional bench gave no reasons for reversing it.
The High Court held that a magistrate could not substitute statutory compensation for a Minister’s reinstatement order during execution proceedings.
The High Court allowed an appeal in part, setting aside an Industrial Court award of 12 months’ wages as statutory compensation and restoring the earlier decision.
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