With the assistance of case laws and statutory provisions, explain how a contract of service can be terminated in Tanzania.

In Tanzania, a contract of service can be terminated in several ways, including by mutual agreement, by notice, or by summary dismissal. The termination of a contract of service is governed by both common law principles and statutory provisions, such as the Employment and Labour Relations Act, 2004.

1. Termination by mutual agreement: A contract of service can be terminated by mutual agreement between the employer and the employee. This can be done through a written agreement signed by both parties, specifying the terms and conditions of the termination, such as the notice period, severance pay, and any other relevant details.

2. Termination by notice: Under the Employment and Labour Relations Act, 2004, an employer can terminate a contract of service by giving the employee a notice period. The length of the notice period will depend on the terms of the contract or any applicable collective agreement. If the contract does not specify a notice period, the Act provides for a minimum notice period based on the length of service of the employee.

3. Termination by summary dismissal: An employer may also terminate a contract of service without notice in cases of serious misconduct or breach of contract by the employee. This is known as summary dismissal and can only be done in cases where the employee's actions warrant immediate termination, such as theft, fraud, or gross insubordination. The employer must have sufficient evidence to justify the summary dismissal, and the employee has the right to challenge the dismissal through the Labour Court.

Case law in Tanzania has also established that an employer must follow fair procedures when terminating a contract of service, including giving the employee an opportunity to be heard and providing reasons for the termination. Failure to follow fair procedures may result in the termination being deemed unfair and the employer being liable for compensation.

Overall, the termination of a contract of service in Tanzania is governed by both common law principles and statutory provisions, and employers must ensure that they comply with the relevant laws and regulations when terminating an employee's contract.

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