Whilst it is an established principle of law that an employer making the working environment unbearable for an employee, thereby leading to his resignation, could result in constructive termination of employment, a claim based on unfair labour practice can also be held to be constructive termination where factual circumstances show forced resignation. Thus, an adjudicator may still treat a dispute based on unfair labour practice as constructive termination where the circumstances point to intolerance or forced resignation. This was deliberated by the Court of Appeal of Tanzania in Civil Appeal No. 1478 of 2024 between Elerai Construction Company Limited & Northern Engineering Works Limited v Adelmarce Mallya [2026] TZCA 472.
Brief facts of the case
On 1 October 2021, Adelmarce Mallya (the Respondent) was employed as legal counsel and human resources officer by the First Appellant for a fixed-term employment of one year which was supposed to expire on 30 September 2022. On 15 November 2021, the Respondent was transferred to the Second Appellant, a sister company of the First Appellant, to work as legal counsel. While at the new premises, there was a misunderstanding that her employer was allegedly creating intolerable working conditions for the Respondent. On 19 July 2022, the Respondent wrote to the managing director of the Second Appellant and explained her grievances, but received no reply. On 3 August 2022, the Respondent wrote a notice of constructive resignation...
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