Tanganyika Instant Coffee Co. Ltd vs. Jawabu W. Mutembei; Revision No. 210 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam. (Unreported).
- Labour Law
- Employee – who is an employee? Section 61 of the Labour Institutions Act, Act N0 7 of 2004
- Termination – operational requirements: What amounts to operational requirements?
- Subsistence expenses – when and how much payable?
Held:-
(i) A casual labour is an employee if he satisfies the requirements of section 61 of the Labour Institutions Act, Act No 7 of 2004.
(ii) Economic needs of a Company as one of the reasons for operational requirements covers all needs that relate to the economic wellbeing of the company or business.
(iii) The courts have the duty to investigate unto the good faith of the employer and the merits or soundness of the decision to terminate for operational reason and the court are also entitled to determine whether this decision is the best or most reasonable one under the circumstances.
(iv) An employee is entitled to subsistence allowance from the date he was terminated to the date of the transportation. Subsistence allowance is the daily wage calculated on the basis of the monthly salary.