Impact on employment contracts in foreign currency and the way forward
Samah has over 18 years’ experience in civil/corporate commercial litigation and arbitration. She has successfully advised and represented several top-tier companies including aviation companies, insurance companies, energy and mining companies, commercial banks, telecommunication companies, national and international non-governmental organisations (NGO) in corporate commercial litigation both in Tanzania Zanzibar and Mainland.
Samah has also successfully represented various local and international companies in ad hoc and institutional arbitration proceedings for enforcement or challenging the enforcement and recognition of local and foreign arbitral awards (ICC, LCIA and UNCITRAL) both in Mainland Tanzania and Zanzibar.
Samah has also advised various companies, national and international NGOs, including Save the Children, Pathfinder International, International Training & Education Center or Health (I-TECH), Republican Institute (IRI), International Development Cooperation (Danida), Catholic Relief Services (CRS), Results for Development (R4D), Intra Health, Norwegian Refugee Counsel (NRC), Americares, Norwegian Church Aid (NCA) etc. on employment and labour relations. In this, she has advised on termination, relations with Trade Unions, negotiations of Collective Bargaining Agreements (CBA), managing strikes, transfer of employees following restructuring of operations or mergers and acquisitions. Samah has also represented companies in Court in claims preferred by individual or group of employees and Trade Unions and provided various training on employment and labour relations.
Experience has included advising:
- A South African entity, African Rainbow Capital Proprietary Limited, at the Commercial Court in a claim of USD 195 Million for the alleged breach of a Confidentiality Agreement.
- Vodacom Tanzania Plc in an ad hoc Arbitration against Planetel Communications Limited involving breach of a super dealer agreement involving approx. USD 17.5 Million.
- A subsidiary of MUA Kenya, in Arbitration proceedings at the LCIA, seated in London involving fees paid under a management agreement and distribution of dividends. The LCIA Award was later challenged at the Commercial Court, which lead to a successful settlement of the dispute out Court.
- Kolon-Hansol in a dispute involving delayed interim payment of USD 7.8 Million and descoping work in a contract for construction of 7 irrigation schemes in Unguja and Pemba Islands (Zanzibar) based on FIDIC.
- Ecobank Tanzania at the Commercial Court in a recovery claim involving approximately USD 5 Million arising from multiple lines of credits for the purchase of buses, trucks, and trailers.
- Hainan International, in a claim against a Libyan entity involving USD 7 Million arising from an agreement for the Rehabilitation and Renewal of a Hotel in Tanzania.
- Subsidiaries of Acacia Mining PLC in two royalty claims at the High Court involving approx. USD 33.4 Million preferred by Villages from the North of Tanzania over mineral claims in 3 major pits.
- Coastal Aviation, in various wrongful death claims involving approx. USD 15 Million following Airline accident.
- Telecommunication, commercial banks, mining, oil and gas companies in various claims at the CMA, Labour Court and the Court of Appeal. This includes, class actions retrenchment claim preferred by 140 and 145 former employees of a local NGO an oil and marketing company, respectively and current representation in two retrenchment class actions involving 15 and 11 former employees of a telecommunication company and a commercial bank, respectively.
- An NGO, funded by USAID, including Results for Development (R4D), Pathfinder and International Republican Institute (IRI), on the impact of the suspension of federal awards following issuance of the Executive Order for Reevaluating and Realigning the Unites States Foreign Aid by President Trump.
- Provided training to Human Resources and Legal personnel of Equinor, Airtel Tanzania, AUMS, Multichoice Tanzania (DSTV) and the Head of Departments of MIC Tanzania on disciplinary hearing processes and procedures for termination following poor performance.
- Telecommunication companies, commercial banks, mining companies, oil and gas companies, insurance companies and NGO’s (national and international) on various employment and labour relations matters including, retrenchment, other forms of termination, transfer of employees, Trade Unions relations, strikes.
- Vodacom Tanzania, NIC and CBA banks on transfer of employees following the restructuring of operations in Tanzania and following merger and acquisition process that led to the formation of NCBA Bank, respectively.
- Royal Norwegian Embassy, Embassy of Sweden, the Embassy of Denmark and Embassy of the Kingdom of the Netherlands on various employment and labour related matters.
- Hyatt) and Oil and Equinor in negotiations with Trade Unions for the conclusion of a Collective Bargaining Agreement (CBA) which involved attending discussions, preparation and review of a CBA
- Supervised the preparation and review of employment contracts, human resources policies and other human resources documents for telecommunication companies, commercial banks, mining companies, insurance companies, local and international NGOs.
Professional Qualifications
- Advocate of the High Court of Tanzania and all courts subordinate thereto (except primary courts) (2007)
- Advocate of the High Court of Zanzibar and all courts subordinate thereto (except primary courts and Kadhi’s Courts) (2011)
Education
- University of Dar es Salaam, Bachelor of Laws (2005)
Recognition
- Leading individual in the area of General Business law: Dispute resolution, Chambers and Partners, 2012 and 2013
Prior Experience
- 2013 to date, Partner, IMMMA Advocates, DLA Piper Africa member firm in Tanzania
- 2011 to 2013, Senior Associate, IMMMA Advocates, DLA Piper Africa member firm in Tanzania
- 2007 to 2011, Associate, IMMMA Advocates, DLA Piper Africa member firm in Tanzania
- 2005 to 2007, Pupil / Legal Officer, Tanzania-based firm
- 2005, Intern, Tanzania-based firm
Memberships
- Tanganyika Law Society
- East Africa Law Society
- Law Society of Zanzibar
The ELRA is the main legislation that regulates labour and employment relations, safeguard rights, and establishes standards for a fair and productive workplace in Tanzania Mainland.
To help businesses navigate the labour challenges caused by the pandemic, we have highlighted a few measures that may be applied to limit the impact of the COVID-19 pandemic crisis to businesses in Tanzania.