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Citation
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Judgment date
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| December 2016 |
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The applicant proved an oral employment contract and recovered unpaid wages and damages on unchallenged evidence.
* Labour law – Unpaid wages – Oral contract of service – Proof of oral contract – Burden of proof – Unchallenged evidence treated as admitted – Ex parte proceedings – General damages for breach.
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8 December 2016 |
| October 2016 |
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A dismissal by an executive committee holding office illegally is void ab initio; applicant awarded damages and salary arrears.
* Labour law – lawfulness of dismissal – authority of executive committee – effect of committee holding office illegally; natural justice – requirement to provide investigation report and clear notice of allegations; remedies – declaration, damages and salary arrears; arbitration under Cooperatives Societies Act – does not oust court jurisdiction.
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21 October 2016 |
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Termination upheld where post was restructured and claimant failed to apply; incorrect termination reason warranted limited compensation.
Employment law – temporary appointments by Boards pending Ministry confirmation; distinction between temporary and probationary employment; employee leave and right to apply for advertised posts; restructuring of posts and effect on continuity of employment; wrongful or incorrect reason in termination letter entitling to limited relief.
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21 October 2016 |
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Termination during genuine restructuring can be lawful where funding cuts and loss of confidence coincide.
Labour law – termination during restructuring; loss of confidence due to security lapse; funding cuts as legitimate reason for dismissal; distinction between redundancy and disciplinary dismissal.
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21 October 2016 |
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The claimant’s demotion was lawful; CAO validly submitted to DSC and Town Clerk lawfully implemented; claim dismissed.
* Local Government Act (s.64 and 2010 amendment) – CAO authority – power to initiate disciplinary action and make submissions to DSC.
* Administrative law – procedural fairness – right to fair hearing in disciplinary proceedings (Article 28/42, Employment Act s.66).
* Inspectorate of Government report – allegations of diversion of public funds – evidential weight and admission by claimant.
* Discipline – demotion as lawful and proportionate sanction; implementation by Town Clerk lawful where acting under CAO supervision.
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21 October 2016 |
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After a default judgment for unfair dismissal, the court awarded compensatory general damages, leave pay in lieu, and transport reimbursement.
* Labour — unfair dismissal — default judgment establishes illegality; assessment limited to damages. * Employment Act — annual leave entitlement (s54) — employer policy inconsistent with statute; pay in lieu for shortfall. * Employment Act — repatriation/transport reimbursement (s39) — award on receipt evidence. * Statutory compensation (s78) — declined where general damages awarded and court not Labour Court.
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21 October 2016 |
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Claimant's summary dismissal for gross insubordination upheld; respondents' misappropriation counterclaim dismissed.
Employment law – Summary dismissal – Gross insubordination by senior employee – Employment Act ss.69(1) and 69(3) – Human Resources Manual obligations – Necessity of hearing where misconduct is a fundamental breach; Evidence – Counterclaim for misappropriation dismissed for want of proof.
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19 October 2016 |
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The claimant's failure to seek leave from the labour officer to file out of time rendered the Industrial Court referral improper.
Employment law – Time limits for dismissal complaints – Section 71(2) Employment Act – Requirement to show just and equitable cause to labour officer for late filing – Role of labour officer under LADASA and proper route for referral to Industrial Court; jurisdictional/limitation defence.
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18 October 2016 |
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Summary dismissal upheld where employee admitted muster-roll anomalies and failed to attend hearing; limited contractual concessions awarded.
Employment law – Summary dismissal – Section 69 Employment Act – fundamental breach of contract; Notice requirements – Sections 58 and 65 not applicable where summary dismissal justified; Terminal benefits – Sections 39, 87 and 88 – repatriation and severance not payable after justified summary dismissal; Evidence – employee admission and failure to attend hearing; Ex parte award where respondent failed to appear.
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18 October 2016 |
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Temporary employees lawfully terminated per contract and paid in lieu of notice; awarded proportionate leave pay, overtime claim dismissed.
Employment law – temporary appointment until substantive posts filled – termination per contract clause permitting 14 days' notice or payment in lieu; burden of proof for motive of dismissal; payment in lieu of notice; entitlement to proportionate annual leave on termination; overtime claims require authorised documentation.
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14 October 2016 |
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Review application dismissed: factual re‑argument is not reviewable; fresh evidence required and court is functus officio.
* Judicial review – reviewability – requirement of discovery of new and important evidence not previously available. * Judicial review v appeal – re‑evaluation of factual findings is an appeal, not review. * Error on the face of the record – must be manifest and self‑evident. * Labour appeals – section 22 limits appeals to questions of law; factual disputes may be outside appellate jurisdiction. * Court functus officio – review application dismissed.
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14 October 2016 |
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A prior competent court’s rejection of a limitation objection bars re‑litigation; preliminary objection dismissed and costs awarded.
Limitation Act s.3 — accrual of cause of action may be a triable factual issue; Res judicata — prior competent court decision on same legal point bars re-litigation; Judicature Act — finality of decisions; Costs awarded for re‑litigation/abuse of process.
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14 October 2016 |
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Where parties settle on terms previously offered by the respondent and little litigation occurred, each party bears its own costs.
Costs — costs generally follow the event but are discretionary; pre‑suit offers and responses to notice of intended suit affect costs; equity — courts should encourage settlement and may order each party to bear own costs where justice so requires.
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4 October 2016 |
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Preliminary objection rejected: contract-renewal by conduct involves factual issues requiring a full hearing.
Labour law – fixed-term contract expiry – renewal by conduct (continued work and payment) – preliminary objection for non-disclosure of cause of action – discretion of Appointments Board – factual issues require full hearing; reliance on Dr. Arinaitwe Raphael v IGG.
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4 October 2016 |
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HR policy forms part of the employment contract; termination without stated reason or following policy is unlawful and unfair.
Employment law – Termination – Relationship between written employment contract and employer Human Resource Policy – Employer must give and prove reasons for termination (s.68 Employment Act) – Failure to follow HR Policy procedures and failure to give reasons renders termination unfair – Time-bar considerations where claim began in High Court before Industrial Court constituted – Remedies: general damages awarded; aggravated damages and statutory compensation declined.
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4 October 2016 |
| September 2016 |
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Restructuring predating misconduct allegations rendered the respondent's redundancy-based termination lawful; malicious prosecution not adjudicated.
* Employment law – termination for redundancy – restructuring as a lawful reason for termination; burden on employer under s.68 to prove reason for dismissal; redundancy due to technological change, end of grants and budget cuts. * Labour jurisdiction – malicious prosecution is a separate cause of action and not adjudicated in an unfair-termination claim. * Remedies – lawful redundancy limits remedies to those provided in termination instrument; no costs awarded.
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13 September 2016 |
| August 2016 |
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Labour claim dismissed for want of prosecution after claimant failed to appear or file a replied affidavit despite opportunities.
* Labour law – non-prosecution – dismissal for want of prosecution – failure to appear – failure to file affidavit – expeditious resolution of labour disputes.
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12 August 2016 |
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Labour claim dismissed for non-prosecution; costs awarded to the applicant.
* Civil procedure – Non‑prosecution – Dismissal of claim for want of prosecution; * Court’s discretion to strike out or dismiss dormant proceedings to prevent clogging of the court roll; * Costs awarded for non‑prosecution.
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9 August 2016 |
| July 2016 |
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Court set aside ex parte production order, finding good cause and interest of justice to hear the applicant.
* Civil procedure – Ex parte orders – Application to set aside ex parte order for production of documents – Good cause required – Interest of justice to hear affected party.
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29 July 2016 |
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Unfair termination claim struck out as time-barred: cause of action accrued in 2005 and was not revived by later correspondence.
* Labour law – limitation – accrual of cause of action – termination deemed to occur when employee ceases work under section 65 of the Employment Act; time runs from that date.* Limitation Act – statutory time limits are substantive and must be strictly complied with; plaintiff must plead any exemption when instituting a suit after the limitation period.* Correspondence, third-party interventions or payment of terminal benefits do not automatically revive a time-barred termination claim absent evidence of admission or undertaking to reconsider.* Absence of written notice does not necessarily postpone accrual of a termination-based cause of action.
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15 July 2016 |
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Erroneously transferred part‑heard High Court labour matter must return to original trial judge to continue hearing.
Industrial Court jurisdiction; erroneous transfer of part‑heard High Court matter; whether matter should be heard de novo or returned to original trial judge; conservation of time and fair trial administration.
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4 July 2016 |
| June 2016 |
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Employer unlawfully terminated employee without reasons and must pay general damages and outstanding loan balance.
Employment law – termination – employer must give justifiable reasons and observe fair process; unlawful termination may attract compensation; employer liability for outstanding salary-backed loan where unlawful termination causes default; aggravated damages require demonstrable reputational harm; interest and damages awards.
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30 June 2016 |
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Unlawful dismissal entitles claimant to full provident fund (including employer contributions), salary arrears, and maximum statutory additional compensation.
Employment law – unfair/illegal termination – remedies: entitlement to employer contributions to provident fund where dismissal unlawful; calculation of salary arrears from date of termination to award; Labour Officer’s jurisdiction under s.78(2)-(3) to award additional compensation up to three months’ wages; claimant’s burden to prove unpaid accrued leave; costs discretionary and may be reflected in compensation.
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23 June 2016 |
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Payment in lieu does not excuse lack of reasons; dishonoured cheques breached 'financial embarrassment' clause; one termination unlawful.
Employment law – termination by payment in lieu of notice – employer must give reasons; disciplinary fairness – procedural defects may not nullify findings where facts are admitted; financial embarrassment (clause 1.15) – dishonoured cheques and creditor complaints can constitute breach; remedies – damages, statutory payments and interest.
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23 June 2016 |
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Labour officer improperly converted mediation into binding adjudication; appeal allowed and matter remitted for proper adjudication.
Labour law – mediation vs adjudication – appealability of labour officer awards – duty to record failed mediation and remit for adjudication – improper conversion of mediation into adjudicatory proceedings.
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23 June 2016 |
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An employee’s written admission of fundamental breach can justify summary dismissal despite no formal disciplinary hearing.
* Employment law – Summary dismissal – Section 69(3) Employment Act 2006 – employee’s admission of fundamental breach can justify summary dismissal.
* Procedural fairness – Disciplinary hearing – where employee admits misconduct, absence of a formal hearing may be rendered unnecessary.
* Employment law – Section 75(i) (temporary absence) inapplicable where lateness lacks reliable grounds.
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22 June 2016 |
| May 2016 |
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Dismissal substantively justified for cash-handling lapses, but procedural unfairness entitles claimant to four weeks' net pay.
* Employment law – dismissal – substantive fairness – failure to keep proper cash records can constitute gross misconduct justifying summary dismissal (s.69(3) Employment Act).
* Employment law – procedural fairness – right to be heard – denial of opportunity to respond to audit findings breaches s.66(1)–(3) and attracts s.66(4) remedy.
* Evidence – internal audit reports – need for authentication and proper witness involvement to support disciplinary sanctions.
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30 May 2016 |
| February 2016 |
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Employer-imposed "early retirement" without employee consent is unlawful; claimants entitled to severance and damages.
Employment law – termination vs dismissal (Employment Act ss.65–66); employer’s obligation to justify termination; retirement scheme – early retirement is voluntary, not a unilateral termination ground; payment in lieu of notice cannot justify arbitrary termination; severance pay entitlement (ss.87, 89) and calculation where no negotiation exists; damages and interest for unlawful termination.
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2 February 2016 |
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Summary dismissal lawful where senior finance officer accepted undisclosed payment from a partner, breaching conflict‑of‑interest policy.
Employment law – disciplinary procedure – conflict of interest and transparency policy – undisclosed receipt of funds by senior finance officer – summary dismissal lawful; procedural fairness under s.66 Employment Act and staff handbook satisfied.
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2 February 2016 |
| January 2016 |
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Termination was unlawful: probation had ended and no fair disciplinary hearing was held; claimant awarded severance and damages.
Employment law – unlawful termination; probation and confirmation (Employment Act s.67); procedural fairness and disciplinary hearings (Employment Act s.66) – validity of fixed-term contract despite overlapping public service retirement – remedies: severance, statutory/contractual entitlements, mitigation of loss, general damages, interest.
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27 January 2016 |