Tanzania International Container Terminal Services (TICTS) Ltd vs. Shabani Kagere; Misc Application No. 188 of 2013: High Court of Tanzania (Labour Division) at Dar es Salaam (Unreported).
- Labour Law
- Misconduct –Burden of proof on employer-What is the standard of proof?
- Termination – What amounts to procedural fairness?
- Compensation – when payable?
Held :-
(i) Though the burden of proof lies on the employer to prove the misconduct but the burden of proof is not beyond reasonable doubt as in criminal matters. The burden in labour matters is only on a balance of probabilities.
(ii) What is important is not application of the Code in checklist fashion, rather to ensure that the process used adhered to basics of fair hearing in the labour context depending on circumstances of the parties so as to ensure the act to terminate is not reached arbitrary. Therefore, every case should be treated according to its circumstances.
(iii) Compensation is only awarded where termination is found to be unfair either substantively or procedurally.