The Parastatal Pension Fund vs. Siriel Mchembe, Revision No. 389 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam (Unreported).
- Labour Law
- Incompatibility – What constitutes incompatibility?
- Jurisdiction: Whether the CMA has jurisdiction to entertain a claim of general damages in labour matters based on breach of contract, tort or common law?
Held:-
(i) Incompatibility conveys a notion of inability to work in harmony either within the co-operate culture of the business or with fellow employees.
(ii) There are two types of incompatibility which are; unsuitability due to character and unsuitability of the employee due to work environment where the employee relates badly with others.
(iii) Termination for incompatibility would be unfair if the reasons are from personality clashes; and the employer is obliged to assist an employee who is allegedly causing disharmony before acting against him.
(iv) CMA has jurisdiction to entertain labour claims arising from contract, tort, common law or any other law or agreement.