Former Legal Officer Grade One at Njombe District Council, Mr Lusajo Mwakasege, has been granted leave by the High Court to file a judicial review challenging his dismissal due to absenteeism.
The court found he has sufficient interest in his employment matter after reviewing his claims that his absence was caused by delayed transfer allowances, not intentional misconduct.
The judge noted procedural flaws in his termination, including lack of preliminary investigation, absence of a hearing, and failure to invite comments on inquiry reports.Mwakasege was dismissed in 2019 after being transferred from Ubungo Municipal Council, claiming his absence was due to unpaid allowances.Despite administrative appeals, his dismissal was upheld, leading him to seek judicial review.The court emphasized that while applicants don’t need to fully prove their case at the leave stage, they must demonstrate arguable issues.
The ruling highlights concerns about procedural fairness in disciplinary actions and the right to challenge employment terminations through legal channels.
Original title: Tanzania High Court grants ex-Njombe legal officer to fight absenteeism dismissal
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