Peter D. Nene versus Chine New Era International Engineering Corporation

Peter D. Nene vs. Chine New Era International Engineering Corporation; Revision No. 29 of 2013: High Court of Tanzania (Labour Division) at Mbeya (Unreported).

• Labour Law

• Disciplinary hearing – Failure of an employee to attend hearing.
• Misconduct – what constitutes misconduct?

Held:-

(i) Misconduct implies and act done wilfully with a wrong intention and conveys the idea of wrongful intention.

(ii) When an employee fails to attend disciplinary hearing, the employer has discretion to proceed with disciplinary hearing or not in the absence of the employee.