Fredrick Mizambwa versus Tanzania Ports Authority

Fredrick Mizambwa vs. Tanzania Ports Authority; Revision No. 220 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam (Unreported).

• Labour Law

• Investigation –mandatory for employer to conduct investigation.
• Right to be heard – Effect of violation.

Held:-

(i) It is mandatory for an employer to conduct investigation and table the report during hearing at the disciplinary Committee level for there to be a fair procedure.

(ii) It is mandatory that an employee should be informed of the hearing in writing.

(ii) Right to be heard is so basic that a decision which is arrived at in violation of it will be nullified, even if the same decision would have been reached had the party been heard, because the violation is considered to be a breach of the principle of natural justice.”