EIGHTEEN Assistant Lecturers and Tutorial Assistants with the Institute of Social Works (ISW) have won their case against the termination of employment services over alleged participation to strike.
Each of them will be compensated 12 months’ salaries, severance allowance and one month’s notice in lieu of notice as per the award issued by the Commission for Mediation and Arbitration (CMA) about eight years ago.
This followed the decision of the Court of Appeal to review its own judgment delivered in April last year by Justices Sauda Mjasiri, Batuel Mmilla and Rehema Mkuye after allowing an application for review filed by the academicians.
Justice Mjasiri’s panel had held that the termination of the academicians, as applicants, was not fair and that the institute, as respondent, had not provided valid reason to end their employment services.
The panel had further observed that the applicants were not properly charged before the Disciplinary Committee before they were terminated from their jobs, ruling that the respondent violated the cardinal principle of right to be heard.
The panel quashed all CMA and High Court proceedings, setting aside their decisions. They ordered, if the applicants so wished, to institute their case afresh before the CMA for determination of their rights.
The applicants moved the court to review the judgment, alleging there was an error apparent on the order, which resulted into a miscarriage of justice.
When determining the application, Justices Batuel Mmilla, Shaban Lila and Ferdinand Wambali found it meritorious.
They noted that after being satisfied that the applicants’ termination of employment was procedurally unfair, the CMA awarded them some reliefs, which were reduced by the High Court.
The justices said that the previous panel’s judgment is silent on whether reliefs given by High Court were retained or not.
“This was definitely an apparent error and as rightly submitted by (Advocate Audax) Vedasto (for the academicians), the applicants left the Court not knowing their fate.
The error occasioned injustice to the applicants,” the justices in the new panel ruled. In its decision, CMA had awarded each of the applicants compensation of 12 months’ salaries, severance allowance and one month’s notice in lieu of notice.
On revision, however, the High Court reduced the compensation from 12 months’ salary to four and set aside the severance allowances.
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Publish date : 2019-04-29 11:00:48