Girango Security Group vs. Rajabu Masudi Nzige; Revision No. 164 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam (Unreported).
- Labour Law
- Constructive termination /forced resignation – what amounts to constructive termination?
- Constructive termination – what constitutes employment intolerable?
- Constructive Termination- employee to prove he did not resign voluntarily.
Held:-
(i) Constructive termination takes place where an employer makes an employment intolerable which may result to the resignation of the employee.
(ii) Constructive termination may happen or takes place also when the employee resigned because of the employer’s harsh antagonistic and hostile conduct and further that the resignation must be ascribed to some form of coercion and the prospect of continued employment must be unbearable.
(iii)Constructive termination may also take place in cases of sexual harassment where employees who have been subjected to continued harassment have been constructively terminated if they resign in desperation.
(iv) What makes an employment intolerable are twofold; that is, the employee must establish that there was no voluntary intention by the employee to resign and that the conduct of the employer judged reasonably and sensibly is such that the employee cannot be expected to put up with it.