Joakim Mwanika versus Golden Tulip Hotel

Joakim Mwanikwa vs. Golden Tulip Hotel; Revision No 268 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam (Unreported).

• Labour Law

• Compensation -  Whether an arbitrator may award reliefs not indicated in CMA F.1
• Compensation – What compensation an employee is entitled for unfair termination of a fixed term contract?

Held:-

(i) Section 40 of the ELRA gives discretion of the Court to decide which amount to be paid as compensation and such discretionary powers should not be applied suo moto, but only when the complainant has indicated in CMA F.1 the amount he claims as compensation.

(ii) When an employer terminates a fixed term contract, the loss of salary by the employee for the remaining period of the employment contract of the unexpired term is a direct foreseeable and reasonable consequence of the employer’s action.