Paul Mahindi and Another Versus Williamson Diamond Ltd

Paul  Mahindi and Another vs. Williamson Diamond Ltd, Revision No.9 of 2014: High Court of Tanzania (Labour Division) at Shinyanga (Unreported)

•  Labour Law

• Misconduct: What amounts to misconduct?
• Termination: What amount to fairness of the reason to terminate?

Held:-

(i)     For there to be misconduct the employee must have committed gross cheating or any cheating or breach of trust or theft or violation of work rules.

(ii)    Although the employer has power to terminate an employee, his decision must not be unfair and unjustified and the courts or arbitrators may interfere with such unfair decision of the employers.