National Microfinance Bank PLC vs. Aizack Amos Mwampulule, Revision No. 6 of 2013: High Court of Tanzania (Labour Division) at Lindi, (Unreported).
- Labour Law
- Termination: Substantive fairness for termination
- Misconduct: What amounts to misconduct? ; Rule 12(1)(a) of G.N. No 42 of 2007
- Rules: What rules or standards to regulate conducts of employees are reasonable?
- Misconduct: Sources of Rules regarding misconduct
- Sanctions: When termination is an appropriate sanction? – Rule 12(4)(a)(b) and 5 of G.N. No. 42 of 2007
- Termination: What amounts to procedural fairness for termination?
- Sanctions: When the Court may interfere with sanctions imposed by an employer?
- Hearing: Effect of failure by an employee to attend a pre-termination hearing.
Held:-
(i) When it comes to misconduct of an employee, the acceptable principle is that the employer is the one who has the right to prescribe the rules regulating the conduct of the workers at work place.
(ii) Sources of rules to regulate conduct of employees are (i) written disciplinary code (ii) contract of employment (iii) Employer’s policy or personal manual or even on notice boards in work place. Another very important source of rules to regulate the conduct of workers is common law source.
(iii) The fact that a rule is not covered in the employer’s disciplinary code or in any documentation dealing with employees conduct does not prevent the employer from acting against the employee who has committed a misconduct.
(iv) A rule or standard will be reasonable and valid if it is lawful and can be justified with reference to the needs and circumstances of the business.
(v) A court should not lightly interfere with sanction imposed by the employer unless the employer acted unfairly in imposing the sanction.
(vi) In determing whether or not termination is appropriate sanction factors mentioned in Rule 12(1)(4)(5) of GN No 42 of 2007 must the considered and weighed up together.
(vii) When an employee waives his or her right to a pre-termination hearing then the employer will in the circumstances not conduct a disciplinary hearing because waiver in law occurs when a person with full knowledge of a legal right abandons it unreasonably and without lawful excuse .