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High Court Labour Division

High Court Labour Division is responsible for hearing and determining employment disputes. It was first inaugurated and launched in June 2007 under the Employment and Labour Relations Act.

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Citation	Judgment date
February 2016
Felicia Migomba vs CRDB Bank (Revision No. 25 of 2010) [2016] TZHCLD 1 (9 February 2016) The applicant’s unauthorised four-year overstay on study leave amounted to desertion, breaching her employment contract and forfeiting retrenchment benefits. * Employment law – study leave – unauthorised overstay – desertion/abscondment – breach and repudiation of employment contract. * Employment relationship – employee v. independent contractor – control, organisation and dominant-impression tests. * Remedies – entitlement to terminal/retrenchment benefits where employer accepts employee’s repudiation. * Procedural – revision against Industrial Court decision; timeliness argued but decision upheld on merits.	9 February 2016

Citation

Judgment date

February 2016

Felicia Migomba vs CRDB Bank (Revision No. 25 of 2010) [2016] TZHCLD 1 (9 February 2016)

The applicant’s unauthorised four-year overstay on study leave amounted to desertion, breaching her employment contract and forfeiting retrenchment benefits.

* Employment law – study leave – unauthorised overstay – desertion/abscondment – breach and repudiation of employment contract. * Employment relationship – employee v. independent contractor – control, organisation and dominant-impression tests. * Remedies – entitlement to terminal/retrenchment benefits where employer accepts employee’s repudiation. * Procedural – revision against Industrial Court decision; timeliness argued but decision upheld on merits.

9 February 2016