Notice to sue the Government in employment matters
I was working for a public corporation before my employment was terminated for what the employer alleged to be a misconduct. I am aggrieved with termination and intend to challenge it. Am I required to give 90 days notice to challenge my employment termination simply because my employer is a public corporation?
JH, Arusha
An action intended to challenge the decision of a public parastatal as an employer is not a suit that requires issuing 90 days notice prior to the institution of the proceedings by the public employee to claim his employment right. The Government Proceedings Act [Cap.5 R.E 2019] does not apply in employment disputes involving public parastatals or any government department, ministry or local authority. It is applicable in civil disputes other than employment disputes. Hence the 90 days notice doesn’t apply to you.