Benard Mtaki and Another vs. Williamson Diamonds Ltd; Revision No. 14 of 2013: High Court of Tanzania (Labour Division) at Shinyanga.
- Evidence
- Admissibility – When CCTV video can be admitted in evidence in civil cases?
- Labour Law
- Sanctions- under what circumstances the court may interfere with the employer’s decision?
- Termination: Whose burden of proving existence of valid reason for termination?
- Misconduct – when an employee is said to have contravened a rule or standard regulating conduct relating to employment?
Held:-
(i) The burden of proving the existence of a valid reason for termination rests on the employer.
(ii) Misconduct can belong to two categories; firstly, usually involves inadequate performance of the duties the worker was contracted to carry out such as neglect of duty, violation of work rules and secondly, improper behaviour which includes disorderly conduct, violence assault, acts displaying a lack of honesty and trustworthiness such as fraud, deceit, theft and breach of trust.
(iii) A court should not lightly interfere with the sanction imposed by the employer unless the employer acted unfairly in imposing the sanction and/or when the employer’s sanction is found to be unreasonable.
(iv)A person producing CCTV video recording as evidence must describe its provenance and history so as to satisfy the judge that there is a prime facie case that the evidence is authentic.