ISAAC SULTAN V. NORTH MARA GOLD MINES, CONSOLIDATED LABOUR REVISIONS, HIGH COURT, MUSOMA (2019).

Sh 15,000.00

Category:

Description

Termination of employment – allegations of corruption, theft dishonesty, fraud and bribery – character assassination – compensation equivalent to 90 months salaries for unfair termination – subject to income tax deduction and other statutory deductions.

  • An employee was terminated on allegations of corruption, theft, dishonesty, fraud and bribery however the persons who allegedly witnessed those actions were not called as witnesses during the disciplinary hearing and at the CMA. It was decided that those offences had not been proved (p. 18).
  • An employee was accused of being corrupted by two people since he, among other things, was meeting those people in various places in Mwanza and Tarime. It was held that those facts were not evidence of corruption (p. 18).
  • In Tanzania, allegations of dishonesty amount to character assassination (p. 23).
  • Allegations of corruption cannot be made loosely or softly. One needs research and water tight evidence to prove corruption (p. 23).
  • An employee was awarded compensation equivalent to 90 months salaries for unfair termination; and the amount was subject to income tax deduction and other statutory deductions (p. 24).