By Kusekwa Kusekwa,
The High Court in Arusha has ruled that the former Headmistress of Prime Schools, Ms Jenniffer Mollel, be paid compensation equal to her six-month salary for termination of service without following proper procedures. Ms Mollel was an employee of Prime Schools from September 12, 2017 to January 31, 2022 when her contract was terminated for injuring a student with a pair of scissors and then refusing to give medical treatment to the student who was sent back home without treatment.
Judge Aisha Masara said in her ruling that although there was a valid reason for the termination, the school did not follow proper procedure when ending Ms Mollel’s employment. “As there was valid reason for termination, but the procedure was violated, I hereby grant compensation of six months remuneration,” the Judge ruled. The Judge faulted the school for failing to serve Ms Mollel with the decision of the disciplinary hearing within time.
She ruled that Ms Mollel was denied the right to appeal, in contravention of Paragraph 4 (12) of the Employment and Labour Relations (Code of Good Practice) Rules, GN No.42 of 2007. The Judge stated: “It is important that employers adhere to the laws governing termination of employment.”
The dispute between Ms Mollel and Prime Schools was first handled by the Commission for Mediation and Arbitration (CMA) in Arusha, which ruled in favour of the employer. Ms Mollel was dissatisfied with the CMA ruling and decided to escalate the case to the High Court. In her decision, Judge Masara set aside the CMA award and replaced it with the six-month compensation order.
