Automated Summary
Key Facts
The applicants (Daudi Juma Hozza and Hamza Salim Kimangare) challenged the termination of their employment by Ultimate Security Tanzania Ltd. The court found the termination procedures unfair, as the employer failed to provide a valid written notice stating the reasons and termination date. The applicants' contracts were renewed by default but terminated on 31/10/2019. The 1st Applicant received TSH 3,500,000 (20 months remaining salary) and the 2nd Applicant TSH 1,200,000 (8 months remaining salary), plus additional compensation and salary in lieu of notice. The CMA Award was set aside, and the applicants were granted employment service certificates.
Issues
- The applicants challenged the fairness of their employment termination procedures. The court found the process unfair because the employer failed to provide proper written notice with stated reasons and accurate termination dates, despite valid grounds for termination due to age.
- Exhibit D-2, the notice provided to the applicants, was rejected as invalid. It omitted the applicants' names, stated an incorrect meeting date (27/10/2019 vs. actual 31/10/2019), and did not comply with Section 41(3) of ELRA requiring written notice with termination reasons.
- The court awarded 20 months' salary (TSH 3,500,000) to the first applicant and 8 months' salary (TSH 1,200,000) to the second applicant, along with two months' compensation and salary in lieu of notice. Total awards were TSH 4,025,000 and TSH 1,650,000 respectively.
Holdings
The court determined that the employer's termination procedures were unfair, as the notice of termination did not comply with Section 41(3) and (4) of the ELRA. The notice lacked the applicants' names and the correct termination date, rendering it invalid. Despite valid reasons for termination (age of applicants for security roles), the court set aside the CMA Award and granted the applicants' relief, including salaries for remaining contract periods and compensation. Each applicant is entitled to: 1st Applicant - TSH 4,025,000/=; 2nd Applicant - TSH 1,650,000/=, along with employment service certificates.
Remedies
- The court ruled that each party shall bear its own costs in this labour matter.
- The 1st Applicant received a total of TSH 4,025,000, which comprises 20 months of salary and two months of compensation for the unfair termination.
- The 2nd Applicant received a total of TSH 1,650,000, which comprises 8 months of salary and two months of compensation for the unfair termination.
- Each applicant is entitled to receive an employment service certificate as part of the court's ruling.
Legal Principles
- The court held that under Section 37 of the Employment and Labour Relations Act (ELRA), the burden of proving that a termination was fair lies solely on the employer. The employer failed to meet this burden in the instant case, leading to the invalidation of the termination.
- The court emphasized that a valid termination notice under Sections 41(3) and (4) of ELRA must be in writing, state the employee's name, termination date, and reasons. The notice provided in this case lacked these essential elements, rendering it invalid.
Precedent Name
St. Joseph Kolping Secondary School v Alvera Kashushura
Cited Statute
- Employment and Labour Relations Act
- Employment and Labour Relations Code of Good Practice
Judge Name
Agatho
Passage Text
- The exhibit D-2 notice of the meeting titled 'KIKAO CHA WAFANYAKAZI WOTE TANGA' did not qualify in my view to be a notice of termination. It did not state the name of the applicants, and also the date of termination was not stated, though the reasons for termination were stated. While exhibit D-2 states the meeting to be on 27/10/2019 the reality is different. The exhibit D-2 is not notice of termination, and if it is not notice of termination, then there was no notice of termination.
- There is no dispute that the reason for termination was valid (the applicants were of old age to work as security guards) and fair but the procedures for termination were unfair. For a termination of employment to be fair, the reasons for termination and procedures must be fair.
- The 1st Applicant is entitled to a total sum of TSH. 4,025,000/=... The 2nd Applicant is entitled to a total sum of TSH. 1,650,000/=. And finally, each shall be entitled to the employment service certificate.