“On the premises, the Commission is convinced that the respondent (SBL) did not have the valid reason to terminate the complainant (Dr Sequeiraa) from the service,” the CMA Arbitrator Alfred Massay, said in his award.
The arbitrator gave the brewery company 14 days to pay the money, which include 130,680 US dollars, being reminder of 18 months salaries and other terminal benefits, notably subsistence expense from the date of termination to the date of repatriation.
An Indian expatriate, Dr Sequeiraa, was terminated from employment in 2009 on ground that his position would be localised, purportedly on the directives by the Tanzania Investment Centre (TIC) and the SBL that they offered the post to one Diana Malambuigi, a Tanzanian.
However, in his award, the arbitrator found that such claim given by SBL was not supported by any documentary evidence. In the absence of any corroborating evidence in the form of letter, he said, it was not convincing to the Commission to accept such piece of evidence.
“If at all Diana Malambuigi had requisite qualification, the respondent could not have resorted to recruit other expatriates that is Erick Adedavoh (from Ghana) and later, Ms Arleen Abraham (from South Africa),”the arbitrator said.
According to him, given that expatriates were recruited following the termination of the complainant, it defeats logic that the respondent was localising the complainant’s position.
It is alleged that some officials with SBL approached him in June 2008 in Mumbai, India, for an interview for the post of General Manager - Human Resources.
After such interview, he was offered employment on a two-year contract. Dr Sequeiraa commenced his services on August 29, 2008, with the company promising to process the working permit.
But on February 10, 2009, when his six-month work permit was due to expire, he was called by his immediate supervisors, who informed him that his services were no longer needed.
It is claimed that his supervisors informed him that the position he was holding would be localised and that the two-year working permit was refused by the Immigration Department, whilst the reality was that his employer had allegedly not sought for the permits as required by employment contract.
According to him, the fact that this position would be localised was an afterthought because the SBL allegedly hired a Ghanaian for the same post in 2010 before recruiting another foreigner, a South African, in December, last year.
The complainant received the termination letter on February 14, 2009 and required to immediately move out of SBL’s accommodation, causing him to incur several expenses, considering that he was recruited from India, hence suffering a loss in earnings and embarrassment in a foreign country.
Dr Sequeiraa claims that before joining SBL, he was working with a South African telecoms firm based in the Middle East where he resigned to join the brewery company.
He argued that he had, as a result, lost the opportunity to be employed until such time he obtained alternative employment.
Daily News
No comments:
Post a Comment