FREDERICK MASSAWE VS GULF BADR GROUP (T) LTD 2025 TZCA 117 (28 FEBRUARY 2025)

Abstract

The appellant, Fredrick Massawe, appeals against the judgment of the High Court of Tanzania, Labour Division (Aboud, J) dated 27th May, 2021 in Revision Application No. 481 of 2021 overturning the award dated 21st February, 2019 decided in his favour by the Commission for Mediation and Arbitration (the CMA). The facts giving rise to this appeal can be summarized as follows: The appellant, was offered employment by Gulf Badr Group (T) Ltd,the respondent, as an Office Manager, subject to the successful completion of a three months probationary period, the start date of the service being 4th May 2015. The appellant accepted the offer and began his employment with the respondent on the same date. During the probationary period, the appellant's supervisor noted that his performance was unsatisfactory, leading to the appellant being placed under the supervision of his fellow employee (DW1). Due to continued unsatisfactory performance, on 3rd August 2015, the respondent informed the appellant that it had decided not to issue him a letter confirming successful completion of his probation, thereby preventing his confirmation as an employee. Aggrieved by the respondent's notification letter, the appellant lodged a claim with the CMA accusing the respondent of having unfairly terminated his employment contract.