Universty of Dodoma versus David Andrew Hellar and Another

The University of Dodoma vs. David Andrew Hellar & Another; Revision No. 2 of 2014:  High Court of Tanzania (Labour Division) at Dodoma (Unreported).

• Labour Law

• Incapacity: Whether failure to attain academic excellence for a university lecturer amounts to incapacity.
• Reinstatement: the difference between procedural and substantive unfairness in terms of reliefs.

Held:-

(i) Failure by an employee to attain academic excellence is a form of incapacity that falls within the ambit of work performance and may serve as a fair reason for termination.

(ii) Under labour law substantive unfairness may attract a reinstament order but an arbitrator is mandated not to order reinstatement where termination is unfair because the employer did not follow a fair procedure.