ThnkingAloud
JF-Expert Member
- Sep 13, 2017
- 546
- 564
Please read carefully here below and help to understand the legal position:
The provisions of Section 40 (1) (c) of the Employment and Labour Relations Act, Cap.366 R.E. 2019 (ELRA) provide as follows - “to pay compensation to the employee of not less than twelve months REMUNERATION”.
Note that REMUNERATION is well defined in Section 4 of ELRA as follows - “Remuneration” means the total value of all payments, in money or in kind, made or owing to an employee arising from the employment of that employee.
In a number of its ruling, including in Flavio Ndesanjo v. Serengeti Breweries Limited (Civil Appeal No. 357 of 2020) 2023 TZCA 17665 (27 September 2023) at page 4 (four) of the ruling, the Court of Appeal instead of REMUNERATION it refers to SALARIES.
Is there any confusion or the court misdirected itself taking into account the provisions of Section 3(g) of ELRA which provide as follows - “generally to give effect to the core Conventions of the International Labour Organisation as well as other ratified conventions” when read together with Article 1 (a) of Equal Remuneration Convention, 1951 (No. 100) of the International Labour Organization ratified by the United Republic of Tanzania in February 2002 which sates as follows - “the term REMUNERATION includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”.
In the alternative, are there any parliamentary amendments to the provisions of Section 40 (1) (c) of ELRA in which REMUNERATION was replaced by SALARIES?
Anyone to help please.
The provisions of Section 40 (1) (c) of the Employment and Labour Relations Act, Cap.366 R.E. 2019 (ELRA) provide as follows - “to pay compensation to the employee of not less than twelve months REMUNERATION”.
Note that REMUNERATION is well defined in Section 4 of ELRA as follows - “Remuneration” means the total value of all payments, in money or in kind, made or owing to an employee arising from the employment of that employee.
In a number of its ruling, including in Flavio Ndesanjo v. Serengeti Breweries Limited (Civil Appeal No. 357 of 2020) 2023 TZCA 17665 (27 September 2023) at page 4 (four) of the ruling, the Court of Appeal instead of REMUNERATION it refers to SALARIES.
Is there any confusion or the court misdirected itself taking into account the provisions of Section 3(g) of ELRA which provide as follows - “generally to give effect to the core Conventions of the International Labour Organisation as well as other ratified conventions” when read together with Article 1 (a) of Equal Remuneration Convention, 1951 (No. 100) of the International Labour Organization ratified by the United Republic of Tanzania in February 2002 which sates as follows - “the term REMUNERATION includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”.
In the alternative, are there any parliamentary amendments to the provisions of Section 40 (1) (c) of ELRA in which REMUNERATION was replaced by SALARIES?
Anyone to help please.
