Robert Juma Maziku versus Pangea Minerals Ltd

Robert Juma Maziku vs. Pangea Minerals Ltd; Revision No 36 of 2013: High Court of Tanzania (Labour Division) at Shinyanga (Unreported).

• Evidence.

• Cross examination: Failure to challenge a fact in cross -examination – what is the effect?

• Labour Law

• Negligence – What amounts to negligence?
• Misconduct – An employee must be aware of the rules or standards.

Held:-

(i) Whenever a statement of fact made by a witness is not challenged in cross – examination it has to be concluded that the fact in question is not disputed.

(ii)  Negligence is any act of an employee that may result to damage, theft or loss to employer’s property.

(iii) For an employee to be held liable for negligence he must have contravened a rule or standard that is reasonable and that can be justified with reference to the needs and circumstances of the business.

(iv) An employee should only be penalized for actions or omissions which he reasonably knew (at the time) were unacceptable.