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28 judgments found.
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December 2017
Whether termination was lawful where employee pursued PhD without granted study leave and failed to attend disciplinary hearing.
Labour law — Study leave and absence from duty — Whether support for scholarship constitutes granted study leave
22 December 2017
Dismissal justified for unauthorised vehicle use and failure to report accident; unfair hearing awards four weeks' pay.
Employment law
— Summary dismissal — Fundamental breach by unauthorized use of company property and failure to report incident
— Disciplinary procedure — Right to fair hearing; section 66(4) penalty for procedural non-compliance
17 December 2017
Unpaid study leave granted by the employer did not amount to unlawful termination; claimant’s abandonment and loan claims fail.
Employment law — Constructive dismissal — Requirements for constructive dismissal; employer conduct must amount to a fundamental/repudiatory breach — Application of objective test and Employment Act provisions
Agency/administrative law — School governance — Board of Governors may be sued as agent of school owner; contracts by agent enforceable against principal — Contract Act s159; Education (Pre‑primary, Primary and Post‑primary) Act 2008 regulations
Employment law — Leave and remuneration — Unpaid study leave suspends contract; employee not entitled to wages for period not worked
1 December 2017
November 2017
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
3 November 2017
Governing council lawfully terminated employment; claimant awarded limited allowances but denied retirement and other claimed benefits.
Labour law — Disciplinary dismissal — Validity of termination by governing council constituted of institutional representatives
Administrative law — Natural justice — Fair hearing requirements in internal disciplinary proceedings
Employment benefits — Entitlement to retirement, housing and responsibility allowances — Interpretation of standing orders and Financial Regulations
2 November 2017
October 2017
Extension of time granted and late reply validated where company failed to prove service on administrative assistant was invalid.
Civil procedure
— Service of process — Service on administrative assistant as service on principal officer under Order 29 r 2 CPR — Burden to prove incapacity
— Extension of time (Labour Disputes Rules r 6) — Validation of late filing where delay caused by alleged defective service — Right to be heard and substantive justice
6 October 2017
September 2017
Unlawful summary dismissal for failure to afford a fair hearing entitles employee to contractual salary, gratuity and damages.
Employment law
— Disciplinary proceedings — Fair hearing requirements — Notice, opportunity to prepare and be heard — Employment Act s66
— Remedies for unlawful dismissal — Entitlement to contractual salary, gratuity and damages; severance — Employment Act s87
22 September 2017
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.
15 September 2017
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.
8 September 2017
July 2017
Extension for late appeal granted due to counsel negligence; appeal permitted only on points of law.
Employment law
— Appeals — Extension of time to file notice of appeal — Counsel’s inadvertence/negligence as sufficient cause to avoid visiting mistake on litigant
— Arbitration/appeals — Leave to appeal on fact versus law — Arbitrator’s factual findings largely immune from appellate scrutiny — Employment Act s 92(2)
25 July 2017
May 2017
Whether a labour officer complaint is a "suit" and if a labour claim must be stayed pending a prior suit.
Labour law — Procedure — Whether a complaint before a Labour Officer constitutes a "suit" under the Civil Procedure Act — Employment Act ss.12–14, 93
Civil procedure
— Stay of proceedings — Previously instituted suit between same parties where matter directly and substantially in issue — Civil Procedure Act s.6
— Abuse of process — Filing a civil suit before completion of mandatory labour officer mediation — Costs consequences
2 May 2017
April 2017
Court granted leave to appeal on both law and fact under section 94 after uncontested ex parte application.
Employment law — Appeals — Leave to appeal on matters of fact under section 94 Employment Act
Civil procedure — Ex parte proceedings — Effect of respondent's failure to appear after service
21 April 2017
Employer unlawfully withheld terminal benefits and certificate of service after baseless negligence allegation following resignation.
Labour law
— Termination of employment — Withholding terminal benefits — Section 43(6) Employment Act
— Negligence and managerial duties — Standard of the reasonable person and delegation — Evidence and timing of disciplinary action
— Certificate of service — Employer’s statutory duty under section 61(1) Employment Act
21 April 2017
Termination during maternity leave without a disciplinary hearing was unlawful; claimant awarded damages and interest.
Employment law
— Maternity leave — Entitlement and validity of leave under s 56 Employment Act, 2006
— Termination — Procedural fairness and requirement of disciplinary hearing under s 66 Employment Act, 2006
Remedies — Unlawful termination — General, special and punitive damages with interest
11 April 2017
Whether an unfair‑termination complaint is time‑barred where the labour officer failed to exercise discretion to admit it.
Labour law — Unfair termination — Time limitation for complaints and discretion to extend time — Employment Act s 71
Civil procedure — Preliminary points of law — Raising limitation at any stage vs pleading requirements — Order 6 r 6 CPR
Labour disputes — Referral procedure to Industrial Court — Proper timing under s 5(1) Labour Disputes (Arbitration and Settlement) Act
7 April 2017
March 2017
Summary dismissal lawful where loans officer withdrew funds and admitted misconduct; leave entitlement forfeited.
Employment law
— Termination — Summary dismissal for misconduct — Effect of employee's written admission on requirement for a hearing — Employment Act ss 40, 68, 69
— Leave entitlement — Forfeiture where employee fails to apply or assert right to leave — Applicable practice and authority
30 March 2017
Claim struck out for being filed out of time; labour officer failed to exercise statutory discretion to admit late complaint.
Labour law — Unfair termination — Time limits and limitation — Employment Act s.71(1)–(2) — Discretion of labour officer to admit late complaints
Civil procedure — Preliminary point of law — Raising limitation objections during proceedings — Permissibility and requirement to afford opportunity to respond
Labour disputes procedure — Referral to Industrial Court — Labour Disputes (Arbitration and Settlement) Act s.5(1) — Requirement of four‑week period before referral
30 March 2017
Court refused injunction preventing bank selling mortgaged property pending labour dispute, holding mortgage enforceable.
Civil procedure — Interim injunctions — Restraint of mortgage enforcement pending labour claim — Mortgage deed enforceable by sale despite pending employment dispute
29 March 2017
Court allowed amendment of claim due to respondent’s lack of opposition and uncontroverted affidavit.
Civil procedure
— Amendment of pleadings — Application to amend claim — Effect of uncontroverted affidavit and absence of respondent's reply
— Procedure after amendment — Validation of amended claim; service and 14‑day time to reply — Costs not awarded
28 March 2017
An advocate may not depose to factual evidence in a contentious matter; such affidavits can be struck out.
Professional conduct — Advocates — Evidence by advocates in contentious matters — Regulation 9, Advocates Professional Conduct Regulations
Civil procedure — Affidavit in reply — Competency of deponent — Whether factual averments by an advocate render affidavit defective and liable to be struck out
27 March 2017
Public disclosure of confidential internal fraud allegations breached contract and justified lawful dismissal.
Labour law
— Employment contracts — Duty of confidentiality and restriction on media interviews — Contract clause and communications policy enforcement
— Disciplinary procedure — Fair hearing and delegation to investigators — Compliance with Employment Act 2006
— Remedies — Lawful dismissal for breach of confidentiality — No entitlement to reinstatement or compensation
16 March 2017
Special damages claims dismissed for failure to particularize as required by Order 6 rule 3.
Civil procedure — Pleading — Particularisation of special damages — Requirement under Order 6 rule 3 SI 71-1 — Special damages must be specifically pleaded and strictly proved
15 March 2017
Stay granted pending appeal provided applicant deposits bank guarantee equal to the decretal sum.
Civil procedure — Stay of execution — Power to grant stay pending appeal
Security for stay — Bank guarantee — Whether bank guarantee for full decretal sum adequately secures respondent
Appeals — Preservation of rights — Preventing prejudice to either party during appeal
10 March 2017
Court granted correction of clerical errors in an award under Civil Procedure Act ss 98–99 and made specified textual amendments, no costs.
Civil procedure
— Correction of judgments — Clerical or mathematical errors — Application under Civil Procedure Act ss 98–99 — Industrial Court may correct awards
— Court procedure — Where Industrial Court rules are silent, court may apply Civil Procedure Act or regulate its own procedure under Labour Disputes (Arbitration and Settlement) Act s 40 — Corrections allowable without affecting appeal rights
10 March 2017
Whether the claimant’s cessation of work was resignation/abandonment or constructive dismissal under s65 Employment Act.
Labour law
— Termination of employment — Constructive dismissal v. resignation — Section 65 Employment Act
— Remedies — Wages and leave encashment where dismissal not proved
Evidence — Documentary evidence v. oral testimony — Burden of proof on claimant to establish termination
9 March 2017
Termination during maternity leave without a pre‑dismissal hearing was unlawful; claimant awarded arrears and damages.
Labour law
— Termination of employment — Requirement of pre‑dismissal hearing — Employment Act s 66; Article 28 Constitution
— Probation — Effect of employer's failure to confirm or extend probation — Probationary period and estoppel
6 March 2017
February 2017
Unlawful dismissal without proven reason; salary‑deductible loans discharged and multiple damages awarded.
Employment law — Unfair dismissal — Requirement that employer prove reason for termination — Employment Act ss.2, 68 — Restructuring/downsizing compliance s.81
Contract/Loans — Salary‑deductible staff loans — Relief where unlawful termination frustrates repayment mechanism
23 February 2017
January 2017
Whether a suspension and summary dismissal were lawful where the claimant claimed illness but produced insufficient medical evidence.
Labour law
— Discipline & suspension — Suspension pending inquiry — Employer may suspend pending investigation without prior appointment of an inquiry team — Employment Act s 63
— Dismissal — Summary dismissal for absence from duty — Admission/apology can substitute for formal disciplinary hearing — Employment Act ss 62(5), 66, 68, 69
— Sick absence — Temporary absence due to illness protected up to three months but claimant must adduce sufficient medical evidence — Employment Act s 175
17 January 2017