Q&A – 16 March 2015
Is tipping mandatory?
I unfortunately travelled overseas only to find myself in a very embarrassing position. The first meal I had, the waitress actually demanded a tip. When I asked her if it was mandatory she rudely went away but I still left some amount for her. As I was leaving the restaurant she came back with my tip and an extra Usd 5 dollar bill and said to me “keep the change and ive added some extra for you.” Not knowing what was going on, I asked my friend and he said that if you were served well, you should tip and it was not mandatory. He also said that I should have tipped a little more to keep her happy. The next time I went to a restaurant I left a tip only to find out that there was a service charge added to my bill. I am so confused. Is this tipping legal and mandatory? Is there a law that says you must tip?
IG, Dar
Unfortunately you did not tell us which country you went to but in most countries it is quite common to leave a tip of between 5 to 15% in a restaurant. It is not mandatory and has developed more as a custom and practice rather as a law. Your first incident was quite unfortunate especially that the waitress was offended at the small amount of tip and added her own funds on top of your tip to “tip” you back. We are unsure whether you decided to take both the funds but we believe it was not a very pleasant incident.
The second incident we believe you were not supposed to tip, as a service charge had already been added. This is what is now commonly called mandatory tipping, which you can challenge the restaurant about if you had not been informed about this. You hence overpaid.
In short, tipping is not mandatory in most if not all countries. It is an amount you pay for good service that you receive from waiters/attendants who are not all that highly paid.
Suing school for sports injury
I am enrolled in a top school in Dar where I used to play in the basketball team. As a player we have to also work out in the gym and run around the field for stamina. In a game I injured my back and was given a note by the doctor that I should not train for atleast 3 weeks and also abstain from either running or going to the gym. Two weeks after, our team was playing a game and I was observing when the coach, fully knowing that I was unwell and not allowed to play, told me that I should just stand on the ground and support the team as they were one player short. I told him about my injury but he literally forced me in. After playing hardly 5 minutes, I could not stand, suffered another injury and was rushed to hospital. I was diagnosed with a severe prolapsed disc and todate am unable to walk properly and require surgery. Can I sue? I am informed that the school regulations disallow parents from suing. If I sue, can the school eject me out of class?
TY, Dar
For the first injury we do not have enough facts to guide you. It would seem unlikely that you can sue for the first injury. However for the second injury, based on the facts that you have stated, it seems that you have a good case against both the school and the coach.
As a student, especially when you are not playing professionally, the school has a special duty of care, and if there is a breach of such duty which results in a loss or damage to you, then you have a cause of action against the school, coach and any other person directly involved and can sue. Suing the school is a right that you have under our statutes and it cannot be precluded by any school regulations that states parents are not allowed to sue the school (unless of course the school has opted for arbitration).
Bottom line is you can sue the school but must consult your lawyer and provide all facts before embarking on this.
Insurance against rain
Does the law in Tanzania disallow insurance companies from issuing cover against rain that may affect a function outdoors that I intend to organize? My broker says that this is gambling and the Insurance Act disallows underwriting of such events. Is this true?
GH, Moshi
We have read the Insurance Act and have not seen any such provision in there. There is a saying in insurance that everything is insurable provided you are willing and able to pay the right premium for it.
Admittedly the insurance industry is relatively new in Tanzania and is evolving so “creative covers” like the one you are looking for may not be available. Having said that, it is not impossible to get cover if the insurer can get adequate reinsurance.
Overseas celebrities insure things like vocal chords, legs, smiles, breasts, that contribute to their fame. You might be surprised to hear that there are people that also cover mustaches, taste buds and even chest hair.
Even more fascinating is that some people can get insurance for alien abductions and if aliens impregnate the abductee, the claim is worth even more! We are not sure if any such claims have been paid.
We recommend you speak to a different broker or approach the insurance company directly for guidance.