13 DECEMBER 2011
The Labour Court of Dar es Salaam, Tanzani ruled in favour of former school principal, Thomas Benjamin for dismissal of his service by his former employer, Aga Khan Education Service, Tanzania. The following facts were presented in this case:
1. Breach of Contract - Mr Benjamin was employed to be the Headteacher of the amalgamated Nursery & Primary Schools beginning August 2010 to 2011.
2. Mr Benjamin was dismissed for not following the internal complaints procedure: The Principal was victimised for going with his concerns to the Director, Human Resources, World Wide Aga Khan Education Service Network.
3. The Court ruled that the termination was illegal.
4. The Court ruled that settlement must be made within SEVEN days from the date of Judgement.
NO SETTLEMENT WAS MADE. THE AKES, T APPEALED.
A. Mr Benjamin spent his entire savings challenging the initial decision by AKES,T. This took from August 2010 to December 2010 at a total cost of $22 500.
B. High Court hearings take approximately 4 Years (if you are fortunate) to be heard. There is a huge backlog in the system.
C. Delay Tactics: By the time of the hearing, Mr Benjamin will be in another part of the world, a new Board will be elected to AKES,T and the possibility of no definite outcome in this saga is a reality.
NB. A number of former AKES,T Board members as well as senior Ismaili Community members openly acknowledge that the personnel within AKES,T will bribe the court officials to have this case dismissed.
The HIGH COURT of TANZANIA, is a dignified and moral institution, these comments bring the Highest Court of Tanzania into disrepute. I find this absolutely disgraceful and I question the Integrity of His Highness, the Aga Khan for allowing such blatant comments to be made to a Nations Legal System.
