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Citation
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Judgment date
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| December 2018 |
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Failure to give pre-dismissal reasons and hearing renders a dismissal unlawful; damages awarded, reinstatement denied.
Employment law – dismissal procedure – Sections 66 and 68 Employment Act 2006 – employer must give reasons and a hearing before deciding to dismiss; failure renders dismissal unlawful; evidence at trial does not cure lack of pre-dismissal disciplinary hearing; reinstatement discretionary where trust irreparably broken; damages and terminal benefits remedies for unlawful dismissal.
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21 December 2018 |
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Claim reinstated where registrar failed to notify and dismissal followed counsel's negligence; memorandum not out of time.
Civil procedure — Dismissal under Order 17 r.4 — Finality vs. Industrial Court rules; Registrar's duty under rule 5(1)/rule 16 to give notice before memorandum time runs; Counsel's negligence not necessarily fatal to claimant; Reinstatement to enable decision on merits.
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21 December 2018 |
| November 2018 |
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Court refused injunction preventing mortgage enforcement by employer-bank pending resolution of unlawful dismissal claim.
* Labour law – temporary injunction – application to restrain mortgage enforcement pending unfair dismissal claim;* Security interests – mortgage deed between employee and employer treated as commercial transaction;* Interim relief – irreparable harm, adequacy of damages, and probability of success required for injunction.
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23 November 2018 |
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An ex parte labour award must first be set aside at the issuing labour office; mediation cannot substitute for adjudication.
Ex parte labour awards — remedy to set aside at issuing labour office before appeal; Mediation v adjudication — labour officer cannot both mediate and adjudicate; Referral/remittal — failed mediation requires referral to adjudication or arbitration by a different officer; Procedural fairness — right to be heard in labour proceedings.
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23 November 2018 |
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An employee’s admission to altering company records justified summary dismissal, but statutory four-week pay awarded for lack of hearing.
Employment law – summary dismissal – admission of misconduct – Section 69 Employment Act; procedural hearing requirement – Section 66(4) penalty of four weeks’ pay; remedies and limits of Labour Officer’s powers; interest awarded by Court under s.94(3).
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16 November 2018 |
| October 2018 |
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Constructive and unfair termination established; claimant awarded damages, severance and allowances; leave and rent claims rejected.
Employment law – constructive dismissal – s.65(1)(c) Employment Act; unfair termination – failure to give reasons and hold fair hearing (ss.2, 66, 68); remedies – general damages, special damages, severance (s.8, s.89), aggravated damages; proof required for special damages and leave in lieu.
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17 October 2018 |
| September 2018 |
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Appeal grounds raising mixed law and fact without leave are incompetent; duplicate cross-appeal struck out as abuse of process.
Employment law – Appeals from labour officer – Section 94(2) Employment Act requires leave for questions of fact; mixed law-and-fact grounds without leave are incompetent. Civil procedure – Abuse of process – Section 6 Civil Procedure Act bars proceedings when same matter is directly and substantially in issue in a pending suit between same parties; duplicate cross-appeal struck out.
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5 September 2018 |
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Court ordered UGX 150,000,000 security from foreign respondent under Order 40 r1, finding inadequate proof it would remain or satisfy judgment.
Civil procedure – Order 40 r 1 CPR – Security pending determination – Applies to companies – Applicant must show likelihood of absconding or of frustrating execution – Court balances interests and may require undertaking and security.
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5 September 2018 |
| August 2018 |
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Claimant's resignation held voluntary (not constructive dismissal); employer entitled to recover loan balance and notice pay; claimant awarded unpaid suspended salary.
* Employment law – Constructive dismissal – Section 65(1)(c) Employment Act 2006 – burden to prove unreasonable employer conduct causing resignation; suspension, disciplinary process and demotion. * Reliefs – entitlement to unpaid salary during suspension; rejection of leave payment where employee did not apply; employer’s right to recover employee loan balance and payment in lieu of notice.
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24 August 2018 |
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Resignation not constructive dismissal; employer conduct lawful, dismissal void as resignation was effective; only accrued leave payable.
Employment law – Constructive dismissal – section 65(1)(c) Employment Act – employer conduct must be illegal, injurious and render continued employment impossible; resignation effectiveness – employer must communicate rejection of resignation; resignation and handover procedures – employer policies must be specifically applicable to resignation; entitlement to accrued annual leave.
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17 August 2018 |
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A labour officer who transfers a matter to adjudication after a timely section 5 referral request frustrates mandatory referral; ensuing adjudication is void.
Labour law – LADASA ss.4–5 – Mandatory referral to Industrial Court after failed conciliation/mediation within four weeks – Interaction with Employment Act s.93(7) (90-day option) – Adjudication under s.13 distinct from conciliation – Transfer to adjudication after request to refer renders proceedings void.
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10 August 2018 |
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Adjudication started after a valid request for referral to the Industrial Court was void; matter remitted to Industrial Court under s.5 LADASA.
Labour law – LADASA sections 4 and 5 – referral to Industrial Court after failed conciliation/mediation; Employment Act s.13 adjudication distinguished from s.4 conciliation; Employment Act s.93(7) 90‑day rule; irregular transfer of file and void adjudication proceedings.
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10 August 2018 |
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Termination without a substantiated reason is unfair; claimant lacked entitlement to 11–20 year benefits absent completing the 11th year.
Employment law – termination and dismissal – employer’s obligation under section 68 to prove a reason for termination; insufficiency of a bare statement that “services are no longer required”; statutory interpretation of staff-regulation benefit bands – entry/completion of 11th year required to qualify for 11–20 years benefits; remedy – award of general damages for unfair termination.
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10 August 2018 |
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Termination was unfair where employer's vague 'services no longer required' reason was unsubstantiated; claimant awarded UGX 4,000,000.
Employment law – Termination – Employer must provide a clear, justifiable reason under s.68 for dismissal/termination; vague statements like 'services no longer required' are insufficient. Employment law – Terminal benefits – Entitlement determined by completed years of service; partial years do not elevate an employee to the next benefits bracket. Remedies – Unfair termination may attract general damages even where terminal benefits have been paid (if paid late or dismissal unjustified).
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10 August 2018 |
| July 2018 |
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Claimant failed to prove unfair termination; court found abscondment and ordered return of recovered office items.
* Employment law – unfair termination – constructive dismissal under section 65(1)(c) – employer conduct must be serious, illegal or make work impossible.
* Procedure – suspension under section 63(2) – necessity to prove service and follow-up inquiry.
* Abscondment – failure to attend reconciliation/open office may constitute abscondment.
* Evidence – burden on claimant to prove receipt of suspension and ownership of locked office items.
* Remedies – return of recovered property; dismissal of termination claim where termination not proved.
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27 July 2018 |
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Claimant’s refusal to attend reconciliation and disappearance amounted to abscondment; no unfair termination proved; recovered items ordered returned.
Employment law – constructive dismissal – section 65(1)(c) Employment Act – employer conduct must be serious, illegal or make continued work impossible; mere locking of reception not ipso facto termination. Suspension – requirement of service/acknowledgement. Abscondment – employee’s failure to attend reconciliation/open office may amount to abscondment. Property – recovery ordered where items identified on balance of probabilities.
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27 July 2018 |
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Withheld annual leave amounted to constructive dismissal; suspension and dismissal were unlawful.
Employment law — constructive dismissal under s.65(1)(c) — denial of statutory annual leave (s.54) can amount to fundamental breach; supervisor's official misconduct constitutes employer conduct; procedural fairness (s.66) required for suspension/dismissal; remedies: leave pay, pay in lieu of notice, reimbursement of salary loan, severance, general damages; interest ordered.
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20 July 2018 |
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Unlawful termination without required hearing breaches Employment Act; limited damages awarded due to lack of proof of renewed contract.
Employment law – contract renewal – insufficiency of evidence of signed renewed contract and terms; Unlawful termination – failure to give reasons and to conduct disciplinary hearing – sections 66 and 68 Employment Act; Burden of proof in ex parte proceedings; Remedies – limited damages where contractual terms unproven.
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20 July 2018 |
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Dismissal for unauthorized use of employer vehicles upheld despite procedural defects; respondent ordered to pay four weeks' net pay.
Employment law – disciplinary dismissal – misuse of employer property – abuse of office; conflict of interest disclosure – nature and form of disclosure required; procedural fairness – adequate notice and disclosure of investigation report; presence of investigator/legal advisor on disciplinary committee; statutory remedy under section 66(4) for failure to comply with hearing notice requirements.
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13 July 2018 |
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Substantive misconduct justified dismissal, but inadequate notice entitled the claimant to four weeks’ net pay.
* Employment law – disciplinary procedure – adequacy of notice and access to investigation report – procedural fairness; * Misconduct – abuse of office – use of employer vehicles for private purposes; * Conflict of interest – disclosure obligations and lack of evidence of fraud/influence peddling; * Role of investigator/legal advisor on disciplinary committee – bias and prejudice; * Remedies – section 66(4) Employment Act – four weeks’ net pay for procedural non-compliance.
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13 July 2018 |
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Acquittal on appeal does not automatically entitle a reinstated public officer to back pay for lawful imprisonment.
Public service remuneration – imprisonment and suspension of pay – Public Service Standing Orders Chapter B-a(1),(12); Employment Act 2000 s.41(5) – effect of conviction and later acquittal on entitlement to back pay – Regulation 29(3) Public Service Commission Regulations – remedy by malicious prosecution claim.
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6 July 2018 |
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Whether contractual "long service awards" create a binding entitlement to formal recognition and repatriation rights under section 39.
Employment law – interpretation of contractual "long service awards"; whether "may qualify" is discretionary or binding; Labour Officer's power to award remedies; Employment Act s.39 – repatriation entitlement (place of work to home; 100 km threshold); burden of proof in arbitration proceedings; remedies for breach of contractual recognition.
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6 July 2018 |
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A neighbouring district Labour Officer may validly refer a dispute where no designated district officer exists; objection overruled.
Employment law – Jurisdiction of Labour Officers – Section 9 Employment Act – Commissioner’s powers to act as Labour Officer – Geographic demarcation administrative – Validity of complaints lodged in neighbouring district – Forum shopping
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6 July 2018 |
| May 2018 |
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Fixed-term vocational contracts expired lawfully; claimants failed to prove continuous service or entitlement to terminal benefits or pension.
Employment law — Fixed-term temporary contracts — "Vocational Employment Offers" (3–6 months) — Continuous service under s.83 Employment Act — Termination by expiry under s.65(1)(b) — Seasonal employment s.86 — Validity of contract terms under s.4(a) Employment Act and s.19(1)(a) Contracts Act — Pension entitlement under Pensions Act/Article 254.
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18 May 2018 |
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Termination without notice or hearing was unlawful; individual board members were held personally liable and damages awarded.
Employment law – unfair and unlawful termination for lack of notice and disciplinary hearing; Community Based Organisation (C.B.O.) lacks legal personality to be sued; board members personally liable where they have not formally ceased membership and allow an agent to act on their behalf; remedies: payment in lieu of notice, statutory severance, general damages and interest.
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11 May 2018 |
| April 2018 |
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Where an employment contract is silent, an employer cannot terminate by relying on an unproved retirement policy; statutory notice is required.
Employment law – termination for alleged retirement age; contractual silence on retirement – employer must prove incorporated policy; re-organisation termination – statutory notice under s.81 required; remedies: pay in lieu of notice, repatriation, interest.
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13 April 2018 |
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A stay pending appeal requires a valid timely notice of appeal, proof of substantial loss and provision of security; conditional stay granted upon deposit.
Stay of execution – pending appeal – requirement of valid timely notice of appeal (Rule 23 and Court of Appeal Rules r.76(2)) – need to show substantial loss – requirement to provide security or deposit – discretionary conditional stay.
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13 April 2018 |
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Whether a casual worker had continuous engagement converting employment status and whether termination was proved.
Employment law – Casual employment – Whether casual worker converted to non-casual by continuous engagement under reg 39 (Employment Regulations 2011); Proof required to establish continuous engagement and termination; Burden on claimant to prove termination and entitlement to statutory remedies.
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6 April 2018 |
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Claimant was a casual worker, failed to prove continuous employment or termination, so claim dismissed.
Employment law – casual worker versus salaried employee – continuous engagement under Regulation 39 (Employment Regulations 2011) – burden on claimant to prove non-casual status and termination – entitlement to statutory protections (notice, hearing, severance, leave).
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6 April 2018 |
| March 2018 |
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Claim against individual trustees struck out; contract attestation and lack of work permit do not bar claimant's substantive claim.
Preliminary objections – pleadings and cause of action – striking out defendants; Employment law – attestation of contracts for foreign nationals – requirement repealed by Employment Act 2006; Immigration/work permits – employer’s duty to procure permit, estoppel and contra proferentem.
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26 March 2018 |
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Court refused to strike out the respondent's defence, finding its reply addressed allegations and protecting the right to be heard.
Labour procedure – preliminary points of law – frivolous and vexatious pleadings – Order 6 rules 8, 10 and 30 CPR – evasive denials discouraged – right to be heard – refusal to strike out defence or enter judgment without full hearing.
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26 March 2018 |
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Stay pending appeal against a preliminary jurisdictional ruling refused; Rule 23 construed to permit appeal from final, not preliminary, decisions.
* Labour law – jurisdiction – preliminary objections – whether Rule 23 permits appeal as of right against preliminary rulings.
* Interpretation – Rule 23 read with section 8(2) Labour Disputes (Arbitration and Settlement) Act 2006 – obligation to dispose without undue delay.
* Civil procedure – stay of proceedings – appeals from interim or preliminary decisions and effect on court backlog.
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26 March 2018 |
| February 2018 |
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Termination was unlawful due to flawed disciplinary process and employer failed to prove negligence by the ATC.
Employment law – unfair dismissal; procedural fairness – suspension duration and right to a hearing (Employment Act ss.63, 66, 68); Civil Aviation – ATC duties vs pilot responsibilities for VFR ‘see-and-avoid’ separation; remedies – damages, severance, terminal benefits, NSSF remittance, certificates, interest.
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23 February 2018 |
| January 2018 |
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Minor rephrasing of pleadings to comply with court rules is not a substantive amendment requiring leave; objection overruled.
Civil procedure – Pleadings – Order 6 Rule 19 CPR – distinction between substantive amendment and mere rephrasing/re‑paragrap hing; Industrial Court procedure – compliance with Rule 5 when transferring pleadings from High Court; expungement sought for alleged unpleaded matters.
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19 January 2018 |
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Claimant unlawfully dismissed; employer failed statutory procedures; claimant awarded wages, severance and damages.
Labour law – employment relationship – proof of employment by documents and signatures; unlawful dismissal – failure to follow sections 66 and 68 Employment Act 2006; entitlement to wage arrears under section 41; severance under section 87(a); overtime claim dismissed for lack of evidence; interest on awards.
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19 January 2018 |
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Appeal against an ex parte Labour Officer award was premature; party must first apply to set aside the ex parte decision.
Labour law – appeals from Labour Officer decisions – ex parte awards – procedural remedy to set aside ex parte decisions before appealing to Industrial Court; Employment Act s.94; Civil Procedure Rules Order 9 r.27.
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19 January 2018 |
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Council validly revised retirement formula; claimant’s benefits were correctly calculated and claim dismissed.
Labour law – retirement benefits – whether employer may vary in‑house retirement formula by council resolution; contractual versus discretionary benefits; applicability of council minutes to retired employee; evidence of staff representation and notice.
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12 January 2018 |
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Summary dismissal substantively justified for insubordination but procedurally unfair; four weeks’ pay awarded.
Labour law – summary dismissal – willful insubordination for unauthorised entry onto airside – substantive justification under s.69(3); procedural fairness – employer’s failure to comply with s.66 entitles employee to four weeks’ net pay under s.66(4).
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12 January 2018 |
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Dismissal for storekeeper negligence was substantively justified but procedurally unfair, entitling claimant only to four weeks' pay and a service certificate.
Employment law – summary dismissal – misconduct by storekeeper allowing excess goods to be loaded and sold – substantive justification under s69(3) of the Employment Act; Procedural fairness – failure to comply with s66 (no summons, unsigned minutes, no chosen representative) – remedy under s66(4) limited to four weeks' net pay; entitlement to certificate of service.
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12 January 2018 |
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Court held renewals are separate contracts for notice, distinguished gratuity from termination grant, and limited repatriation and other awards.
Employment law – termination during restructuring – treatment of successive fixed-term contract renewals for notice – distinction between contractual gratuity and staff-regulation termination grant – repatriation entitlement under section 39 (100 km rule and 10-year service) – requirement to prove request/denial of leave for payment in lieu – severance under section 87 not automatic for lawful restructuring dismissals – Labour Officer’s lack of power to award interest.
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12 January 2018 |