By Kusekwa Kusekwa
The Court of Appeal has ordered Tanzania Breweries Limited (TBL) to pay their former Warehouse Supervisor in Arusha, Mr Gibson Nevava, a compensation of 12 months’ remunerations for unfair termination of his employment, seven years ago.
Justices Rehema Mkuye, Sam Rumanyika, and Gerson Mdemu gave the order recently after dismissing TBL’s appeal against the decision of the High Court, which upheld the judgment by the Commission for Mediation and Arbitration (CMA) on the matter.
“We make an order that, following unfair termination, the (former employee) is entitled to a compensation of twelve (12) months’ remunerations. The appeal is accordingly dismissed with no orders as to costs,” the justices declared.
TBL was challenging the High Court’s confirmation of the CMA decree that the termination of Mr Nevava was unfair and grounded on unfair reasons, marred with procedural incompliances.
The beer company had accused Mr Nevava of overstating 44 cases of Castle Lager beer, increasing the total in a report to 254 cases instead of the actual 110 cases, thus showing a loss of 1,256,669/42.
In their judgment, the justices concluded that the employer did not investigate the alleged misconduct prior to the disciplinary hearing.
“This to us was relevant because, the evidence at the CMA indicates that there was a shift system and it is not so clear to us as to who exactly was present on the day of the alleged misconduct,” they said.
Mr Nevava was employed by TBL on June 1, 2006 – as a Route Salesman Driver, stationed at Moshi. On October 1, 2014 – he was appointed to the position of Warehouse Supervisor in Arusha, the post he held until his termination on October 2, 2018.
