BRANCH DIRECTOR CRDB BANK LTD V. TITOH KWAREH, HIGH COURT, LABOUR DIVISION, MOSHI (2011).

Sh 10,500.00

Category:

Description

Compensation of more than 12 months salaries – unfair termination – no warning prior to termination.

  • An arbitrator is not prohibited to award compensation of more than 12 months salaries considering the circumstances of each case (p. 3).

 

  • An employer was awarded compensation of 60 months’ salary for unfair termination, owing to the circumstances of the case (p. 4) which were harsh and inhuman (p. 5).

 

  • Termination for poor work performance – circumstances showing that reason for termination was not fair – since commencement of his employment in 2001 up to 2004 the employee had never been warned for any wrong or poor work performance; in 2010 the employee was among the best performing sales officers whose performance enabled the employer (bank) to get more profit; there was a report showing that the employee performed above average in 2010 (p. 5).