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Bakari Basegese Mrundi v. Mowlem Construction Co., Civ. App. 2-Z-65, 23/12/65, Saidi Ag. C. J.



 Bakari Basegese Mrundi v. Mowlem Construction Co.,  Civ. App. 2-Z-65, 23/12/65, Saidi Ag. C. J.

The plaintiff’s employment with the defendants was terminated without 1 month’s notice. His suit for payment in lieu of notice, and for 7 days’ work an expenses of repatriation from Zanzibar to Pemba, was dismissed by the Resident Magistrate. The employment agreement had been oral, and the plaintiff had made admissions before the Labour Inspector which cast doubt on his version of its provisions.

Held: This contract was “one that was required to be in writing, and in terms of sub-section 3 of section 4 of the Labour Decree the defect ought to have been corrected within a month to make it enforceable.” This, along with the flaws in the plaintiff’s case as he had presented it in the earlier proceedings, sustains the Resident Magistrate’s decision.

            The Court stated, obiter: “The whole of section 4 is not, I would venture to say, so happily worded and appears to limit the rights of employees seriously. “

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