April fools joke that went wrong

I used to work at a marketing firm. On 1 April, I played an April Fools’ joke on my employer by pretending to resign immediately. Later that day, I informed them it was just a joke, but they had already hired someone else to replace me. Now, they say I am no longer employed. Can they do this? Please guide me.
SJ, Dodoma

While April Fools’ jokes are meant to be lighthearted, they can have serious consequences—especially in the workplace. Resignation is the voluntary act by which an employee ends their employment relationship, similar to a termination of employment. In Tanzania, the Employment and Labour Relations Act, Cap. 366 [R.E 2019] and the Employment and Labour Relations (Code of Good Practice) Rules govern employment termination. Under the Employment and Labour Relations Act, resignation procedures typically follow the rules regarding notice periods, similar to termination by an employer.

According to section 41 of the Employment and Labour Relations Act, if an employee is paid monthly, they must provide 28 days’ written notice before resigning. If an employee is paid daily, weekly, or bi-weekly, they must provide 7 days’ written notice. Furthermore, an agreement may stipulate a notice period that exceeds the statutory requirement, provided that the notice period is equal to that of the employer and employee. An employee may also resign immediately, but they may be required to compensate the employer for the notice period.

Resignation is a formal act that, once communicated to an employer, is generally considered binding. If an employee voluntarily resigns—whether intentionally or not—the employer is not legally obligated to reinstate them. Since the employer acted on the resignation by hiring a replacement, they may argue that the employment contract was effectively terminated. However, if the resignation was not in writing or did not follow proper procedures, there may be room to challenge the termination. The Employment and Labour Relations (Code of Good Practice) Rules, requires fair procedures in employment termination; if the employer fails to follow due process, the employee may have grounds to dispute the decision.

To avoid such situations, employees should exercise caution when engaging in workplace pranks, especially those involving serious matters, such as resignation. You have placed yourself in this predicament, so consider discussing the matter with your employer or seeking legal advice to explore possible remedies. Your lawyer can guide you further.

Trapped at home

My husband has confined me to our home against my will, claiming that his jealousy and fear of losing me justify this action. He has taken away my means of communication, locked the doors, and threatened consequences if I attempt to leave. He insists that this is for my protection and that he is doing it out of love, but I feel trapped and afraid. I have tried reasoning with him, but he refuses to let me go anywhere unless he accompanies me. I am starting to feel isolated from my family and friends. I am concerned about my safety and the emotional toll this situation may take. I am unsure of what legal steps to take or how to escape this confinement without escalating the situation. What rights do I have under Tanzanian law, and how can I seek help? Please guide me.
ZZ, Dar es Salaam

In Tanzania, restricting a spouse’s movement against their will may constitute domestic violence and unlawful confinement, all of which are punishable under various laws. The Penal Code [Cap. 16, R.E. 2022] (Penal Code) criminalises acts of unlawful confinement, while the Law of Marriage Act [Cap. 29, R.E. 2019] (Law of Marriage Act) provides legal protection against abusive behaviour by providing the option of divorce for troubled marital relationships. Additionally, the Constitution of the United Republic of Tanzania, 1977 (Constitution), guarantees every individual the right to personal freedom and security, and no person shall be unlawfully deprived of their liberty.

Article 17(1) of the Constitution provides that every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic. (2) Any lawful act or any law which is intended to (a) curtail a person’s freedom of movement and to restrain or imprison him; or (b) limit a person from exercising his freedom of movement so as to  (i) execute a judgment or court order; or (ii) compel a person first to comply with any obligations arising under another law; or (iii) protect public interest in general or preserve certain special interest or interests of a certain section of the public, such act or law shall not be construed or be held to be repugnant to or inconsistent with the provisions of this Article. Sadly your husband’s actions and his reasons for confining you violate your freedom of movement.

In addition, section 107 of the Law of Marriage Act considers cruelty, whether mental or physical, inflicted by the respondent on the petitioner of divorce or the children, if any, of the marriage, as evidence that a marriage has broken down irreparably, warranting the granting of a divorce. Forced confinement can be considered cruelty. Furthermore, section 253 of the Penal Code provides that a person who wrongfully confines another person is guilty of an offence and is liable to imprisonment for 1 year or to a fine of TZS 300,000.

Consider reporting the situation to the police, as unlawful confinement is a criminal offence. Alternatively, seek legal advice from organisations specialising in domestic violence cases or try reaching out to family, friends, or a trusted individual in your husband’s household for support in safely leaving the situation. You do not have to endure this alone; there are legal measures to protect you and ensure your freedom. Consult a lawyer for further guidance.