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Citation
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Judgment date
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| December 2017 |
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Claimant’s absence without granted study leave amounted to absconding; dismissal lawful and salary claim dismissed.
Labour law – termination for absconding – study leave versus mere support for scholarship – entitlement to be released from duty; disciplinary procedure – right to be heard; effect of external criminal/Inspectorate clearance on internal disciplinary action; withheld salary during interdiction; remedies for unlawful dismissal.
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22 December 2017 |
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Substantively justified summary dismissal for unauthorized vehicle use was procedurally unfair, entitling the claimant to four weeks' pay.
Employment Law – Summary dismissal – Fundamental breach – Unauthorized use of company vehicle and failure to report incident – Employee handbook prohibiting personal use of company property – Management review of disciplinary sanction – Procedural fairness – Section 66(4) Employment Act remedy (four weeks’ pay).
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17 December 2017 |
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Board of Governors properly sued; unpaid study leave did not amount to breach or constructive dismissal, claim dismissed.
Employment law – proper party to sue – Board of Governors as agent of owner under Education Act; Contract Act s159 – enforceability of agent contracts; constructive dismissal – repudiatory breach test; unpaid study leave suspends contract – wages only for work performed (Employment Act); employer liability for employee loans requires employer recommendation or unlawful termination.
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1 December 2017 |
| November 2017 |
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The respondent unlawfully disconnected the complainant for refusing to join a private bulk-metering group; reconnection and UGX 80,000,000 awarded.
* Electricity law – unlawful disconnection – consumer protection under Electricity Act and Quality of Service Code – requirements and permitted grounds for disconnection. * Bulk metering – implementation timing and non-retroactivity of guidelines – inability to compel consumers to join a private company. * Regulatory compliance – licensee duty to prevent interruptions and promptly investigate complaints – ERA oversight. * Remedies – reconnection, damages for business interruption, costs; quantum requires adequate proof.
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3 November 2017 |
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Governing council’s delegated decision to lawfully terminate was upheld; claimant awarded limited allowances but denied salary, NIC and terminal benefits.
* Administrative law – Governing council constitution – delegation of ex-officio membership and validity of proceedings (s.7, s.13, s.15 NCDC Act).
* Employment law – Fair hearing and disciplinary procedure – natural justice compliance in multi-tier disciplinary process.
* Civil procedure – effect and expiry of interim court orders on disciplinary action.
* Employment benefits – entitlement to housing allowance, responsibility allowance (coordination), withheld salary, NIC retirement contributions, transport on leave, payment for untaken leave, and terminal benefits.
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2 November 2017 |
| October 2017 |
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Extension of time granted and late reply validated where service on an administrative assistant sufficed to inform the corporation.
* Labour procedure – extension of time (Rule 6) – application competent where delay due to contested service of process.
* Civil Procedure – service on corporations – Order 29 r.2 CPR – service on an administrative assistant may constitute valid service unless company proves otherwise.
* Burden of proof – company asserting invalid service must show person served was not a principal officer.
* Constitutional right – right to be heard (Article 28(2)) and substantive justice outweigh technicalities.
* Relief – validation of late-filed pleadings and award of costs.
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6 October 2017 |
| September 2017 |
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Unlawful summary dismissal for lack of a fair hearing entitles employee to contractual salary, gratuity, severance, damages and interest.
* Labour law – unfair dismissal – right to fair hearing (s.66 Employment Act) – proof of delivery of hearing notices.
* Employment contracts – fixed-term contract – effect of unlawful termination on salary and terminal benefits.
* Remedies – gratuity, severance, honoraria, general damages, interest; unpaid leave and aggravated damages disallowed.
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22 September 2017 |
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Termination without a statutory hearing was unlawful; claimant awarded notice, gratuity, severance and general damages.
Employment law – unfair dismissal – failure to afford hearing or prove service of show‑cause notice – breach of Employment Act s.66; statutory notice periods prevail over conflicting contractual terms; remedies: payment in lieu, gratuity, severance and general damages; unutilised leave not awarded absent evidence of request/refusal.
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15 September 2017 |
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The claimant’s negligent client management and unauthorized alteration of guarantees justified lawful dismissal.
Employment law – unfair dismissal; duty of due diligence by relationship manager; unauthorized alteration of guarantees; burden on employee to prove authorization; procedural fairness under s.68 Employment Act.
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8 September 2017 |
| July 2017 |
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Court allowed extension to appeal for counsel’s inadvertence but refused leave to appeal on factual findings, granting only points of law.
Employment law – extension of time – counsel’s inadvertence as sufficient cause; Leave to appeal (s.92(2) Employment Act) – appeals on points of law only; Arbitration – arbitrator’s findings of fact generally immune from appellate review.
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25 July 2017 |
| May 2017 |
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A Labour Officer complaint is a "suit" under the CPA; Industrial Court proceedings stayed pending determination of a related Commercial Court suit.
Employment law – Labour Officer complaints as registered disputes/suits – Section 6 CPA on prior suits – Stay of proceedings to avoid multiplicity – Abuse of court process for premature parallel filing.
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2 May 2017 |
| April 2017 |
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Court grants leave to appeal on both law and fact under section 94 where respondent did not oppose.
Employment Act s.94 – leave to appeal on facts – appeal as of right on law but leave required for facts – ex parte application where respondent absent – unopposed application granted.
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21 April 2017 |
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Employer unlawfully withheld terminal benefits and certificate of service absent proven negligence.
Employment law – Allegation of negligence in credit management; withholding of terminal benefits and certificate of service; statutory obligations under sections 43(6) and 61(1) of the Employment Act; timely disciplinary action under section 62(5); remedies including general damages and interest.
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21 April 2017 |
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Whether the applicant’s maternity leave was lawful and whether the respondent lawfully terminated her without a disciplinary hearing.
Employment law – maternity leave – entitlement under section 56 of the Employment Act 2006; Procedural fairness – requirement for a disciplinary hearing under section 66 before dismissal for misconduct or poor performance; Fixed‑term contracts – termination before expiry requires proven substantive grounds and observance of fair procedure; Remedies – awards for general, special and punitive damages where termination is unlawful.
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11 April 2017 |
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Claim for unfair termination was time‑barred; labour officer failed to exercise discretion; claim struck out.
* Employment law – limitation – Employment Act s71(2): three‑month time bar for unfair termination complaints subject to labour officer’s discretion to admit late claims; discretion must be meaningfully exercised. * Civil procedure – preliminary points of law: points capable of disposing the case may be raised at any time; failure to plead a legal point does not always preclude raising it. * Labour disputes – referral to Industrial Court – Labour Disputes (Arbitration and Settlement) Act s5(1): procedure and timing must be observed.
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7 April 2017 |
| March 2017 |
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An employee's admission of misconduct justified the respondent's summary dismissal despite no formal hearing; leave entitlement forfeited.
Labour law – summary dismissal – fundamental breach under section 69 of the Employment Act; Admission/apology by employee – effect on requirement for disciplinary hearing; Employer internal control weaknesses v. employee exploitation; Annual leave entitlement – requirement to apply, forfeiture where not shown.
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30 March 2017 |
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The claimant’s unfair termination claim was struck out for being filed out of time and for failure of the labour officer to exercise discretion.
* Labour law – limitation – section 71 Employment Act – three month filing period for unfair termination and discretionary extension by labour officer.
* Civil procedure – preliminary points of law – may be raised during proceedings even if not pleaded, provided the other party can respond.
* Administrative law – exercise of discretion – labour officer must address reasons and circumstances when admitting late complaints.
* Statutory compliance – referrals under section 5 Labour Disputes (Arbitration and Settlement) Act must follow prescribed timelines.
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30 March 2017 |
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A mortgagee may sell secured property despite a pending unlawful dismissal claim; injunction refused.
Industrial/Contract and Labour Law – interim injunction – enforcement of mortgage secured loan – whether a pending unfair dismissal/labour claim prevents realization of mortgaged property – severability of mortgage enforcement from employment disputes; mortgagor’s understanding of sale-on-default clause.
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29 March 2017 |
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Court permitted amendment and validated amended claim where respondent raised no objection and affidavit was uncontroverted.
Amendment of claim – unopposed application – uncontroverted affidavit – validation of amended pleadings – service and 14‑day reply period – no order as to costs.
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28 March 2017 |
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An advocate may not swear affidavits containing client-only factual averments in contentious matters; such affidavits may be struck out.
Advocates’ Professional Conduct Regulation 9 – advocates as witnesses – prohibition on giving evidence or swearing affidavits in contentious matters – distinction for formal/non-contentious matters – striking out affidavits that contain client-only averments.
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27 March 2017 |
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Claimant lawfully dismissed for breaching contractual confidentiality by unauthorised media disclosure; remedies denied.
Labour law – confidentiality of employer information; contractual prohibition on media interviews; disciplinary procedure and fair hearing; whistleblowing versus public disclosure; entitlement to remedies following lawful dismissal.
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16 March 2017 |
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Special damages must be specifically pleaded under Order 6 rule 3; unparticularised claims were struck out.
Civil procedure – Particulars of special damages – Order 6 rule 3 – Special damages must be specifically pleaded and strictly proved – Preliminary objection to unparticularised claims allowed.
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15 March 2017 |
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Stay of execution granted pending appeal conditioned on a bank guarantee for the full decretal amount.
Stay of execution – power to grant stay pending appeal; security for stay – bank guarantee acceptable; purpose of stay to prevent unfair prejudice; deposit of full decretal amount by guarantee; specified banks (Barclays, Stanbic, DFCU).
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10 March 2017 |
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Court allowed correction of clerical errors in an award under Civil Procedure Act without altering the award and denied costs.
Civil Procedure Act s98–99; correction of clerical/mathematical errors in judgments and awards; application of CPR where court rules silent; interplay with appellate rights; Labour Disputes (Arbitration and Settlement) procedure.
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10 March 2017 |
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Claimant failed to prove unlawful dismissal; court held resignation/abandonment and awarded limited wages and leave encashment.
Employment law – Termination – Section 65 Employment Act – burden on employee to prove termination; constructive dismissal requires evidence of employer’s unreasonable conduct; contemporaneous documents outweigh inconsistent oral testimony; resignation/abandonment distinguished from unlawful termination; entitlement to unpaid wages and leave encashment; interest awarded.
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9 March 2017 |
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Termination while on maternity leave without a required pre‑dismissal hearing was unlawful; claimant awarded damages and interest.
Employment law – unfair dismissal – requirement of pre‑termination disciplinary hearing under section 66 Employment Act and Article 28 Constitution; probation and induction periods – employer estopped from extending probation without agreement or evidence; post‑termination evidence cannot cure failure to afford fair hearing; remedies – salary arrears and general damages recoverable; punitive damages refused.
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6 March 2017 |
| February 2017 |
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An employer must give a genuine reason and follow statutory procedure before terminating permanent employment.
Employment law — unlawful termination — employer must give genuine reason and comply with Employment Act (sections 2, 66, 68, 81) — restructuring/right‑sizing requires procedural safeguards — salary‑secured loans repayable by payroll deduction; unlawful dismissal can relieve employee of such loan liability — remedies: general/aggravated damages, notice pay, severance, gratuity, interest and costs.
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23 February 2017 |
| January 2017 |
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Suspension pending inquiry lawful; claimant's unexplained absence justified summary dismissal, no relief awarded.
Labour law – Suspension pending inquiry – suspension letter and interim suspension under section 63; Disciplinary procedure – time bar for disciplinary action under section 62(5); Summary dismissal – absence from work without sufficient proof of illness as fundamental breach (section 69); Sickness absence – burden of proof for medical evidence (section 175); Admission/apology by employee may substitute for formal disciplinary hearing (authority cited).
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17 January 2017 |