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Citation
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Judgment date
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| April 2019 |
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Summary dismissal unlawful where employer failed to hold statutory disciplinary hearing and prove fundamental breach, awarding notice, severance and damages.
Employment law – unfair dismissal – employer’s duty to prove reason for dismissal (s68) and to hold a disciplinary hearing (s66) – validity of summary dismissal (s69) – notice and contractual notice periods – entitlement to severance (s87) – leave entitlement and forfeiture.
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5 April 2019 |
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Court reviewed its prior severance ruling, holding employees with six months' continuous service are entitled to half a month's salary as severance.
Employment law – Severance pay – Section 87 Employment Act – entitlement for employees with six months’ continuous service – calculation as one half month’s salary (per Donna Kamuli). Judicial review – Error apparent on the face of the record – reviewable under Section 82 Civil Procedure Act/Order 46 r1 CPR and Section 17 LADASA. Interpretation of statutes – failure to consider relevant statutory provision amounts to new/relevant fact warranting review.
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4 April 2019 |
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Court reviewed its prior ruling and held six months' continuous service attracts a half-month's severance, correcting the earlier miscalculation.
Employment law – severance pay – Section 87 Employment Act – entitlement after six months’ continuous service. Precedent interpretation – Donna Kamuli LDC 002/2015 – whether severance pegged to years or months of service. Procedure – error apparent on face of record – reviewability under Section 82 Civil Procedure Act and O.46 CPR; Section 17 LADASA (new and relevant facts). Remedy – review vs appeal; correction of severance computation.
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4 April 2019 |
| March 2019 |
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Wage claim dismissed for failure to prove that mobilized funds were actually received to trigger payment obligation.
Employment law — wages and contractual conditions — employee’s entitlement to wages under Employment Act s.41; where contract conditions payment on funds mobilized by employee, employer’s obligation arises only upon receipt of funds; recommendation letter is insufficient proof of disbursement; burden on claimant to prove funds were received.
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29 March 2019 |
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A voluntary resignation precludes a section 66 hearing and entitlement to benefits absent contractual or statutory entitlement.
Employment law – Resignation versus employer-initiated termination; applicability of section 66 hearing after resignation; constructive dismissal under section 65(c); evidential and contractual basis for gratuity, repatriation, overtime and leave entitlements; employer actions purporting to reject a voluntary resignation are null and void.
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29 March 2019 |
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A decree inconsistent with the court’s decision is void; award amended after reconciliation and interest ordered.
Labour law – Execution of decrees – Decree must accord with the court’s decision; defective decree is not executable – Order XXI Rule 7 (drafting and approval of decree) – Wage reconciliation and lawful deductions – Proof required for absenteeism deductions – Interest on awarded sums.
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21 March 2019 |
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Termination effected without required notice/hearing under the Employment Act was unlawful; claimant awarded severance, notice pay and damages.
Employment law – Unlawful termination for restructuring – Application of Section 81 (notice/consultation) to affected employees; right to be heard under Section 66; entitlement to severance (s.87), notice pay (s.58) and damages for unlawful dismissal; insufficiency of uncollected payment evidence for terminal benefits claim.
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19 March 2019 |
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Termination for alleged restructuring was unfair where employer failed to prove procedure and prior notice; claimant awarded damages.
Employment law – Unfair termination – Restructuring/operational reasons – employer must show valid reason and follow fair procedure (Section 73(b)). Collective/operational retrenchment – compliance with Section 81 requirements and notification to labour representatives/Commissioner. Payment in lieu of notice – does not cure procedural unfairness if employer fails to prove substantive and procedural justification. Remedies – court may award damages (general, notice pay, repatriation, severance) and is not bound by labour officer compensation ceiling.
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15 March 2019 |
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Application to regularize out-of-time cross-appeal refused for lack of satisfactory reasons and because it was unnecessary.
Civil procedure – extension of time – cross-appeal filed out of time – insufficiency of reasons – mistake of counsel where no instructions given – necessity of cross-appeal versus issues capable of being dealt with in reply.
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15 March 2019 |
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Employer breached the recognition agreement by withholding union dues without proper Secretary General notice; interference not proved.
Labour law – Collective bargaining and recognition agreements – Check-off deductions – Valid withdrawal procedures – Labour Unions (check-off) Regulations 2011 – Employer’s duty to act only on union Secretary General’s notice – Interference with union administration (s.4 Employment Act) – Standard of proof for interference.
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7 March 2019 |
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Consent judgment and settlement set aside where obtained without applicants' authority; former lawyers ordered to pay costs.
Civil procedure – Setting aside consent judgment – whether consent judgment and deed of settlement procured without authority can be set aside; Agency and representation – requirement of clear authority to bind clients in settlements; Legal professional negligence – liability of former lawyers for misrepresenting clients' authority; Restitution – returning decretal sums recovered under invalid consent.
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1 March 2019 |
| February 2019 |
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Application to join interdicted officer as third party in termination dispute dismissed for lack of same cause of action.
Third-party notice; Joinder — same subject matter and cause of action required; Right of indemnity; Labour law — lawfulness of termination; Witness versus party status.
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28 February 2019 |
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A notice of appeal alone is insufficient for a stay; security (decretal sum) required where risk of debtor absconding exists.
Civil procedure – stay of execution pending appeal – notice of appeal alone insufficient – requirement of security where risk of absconding or winding up – court’s discretion to condition stay on deposit of decretal sum.
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22 February 2019 |
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Secondment, not employment, where district paid salary and respondent paid allowances; no entitlement to notice pay.
Employment law – meaning of 'employee' under Section 2 – burden to prove contract of service; secondment versus direct employment; appeals limited on questions of fact or mixed law and fact under Section 94(2); entitlement to notice under Section 18 only for employees under contract of service.
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22 February 2019 |
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Whether a labour court may grant a temporary injunction to halt mortgage enforcement against a former employee pending a labour dispute.
Temporary injunction – application to restrain sale of mortgaged property pending labour dispute – whether injunction appropriate when mortgage exists Mortgage law – Mortgage Regulations (2012) – 30% security deposit for adjournment of forced sale Labour law vs Commercial law – severability of employment dispute and mortgage enforcement; jurisdictional appropriateness Precedent – Florence Mufumba; Francis Kayumba; George Okoya; effect on injunction applications
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8 February 2019 |
| January 2019 |
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The applicant’s claim filed 12 years after dismissal was time‑barred under the Limitation Act and was rejected by the court.
Limitation law – Section 3(1)(a) Limitation Act – six‑year prescription for actions founded on contract or tort – employment contracts ordinarily governed by Limitation Act. Civil Procedure – Order 7 rule 11(d) CPR – rejection of plaint where suit appears barred by law. Employment law – Section 71(2) Employment Act – three‑month requirement to lodge complaint with labour officer and limited discretion to extend; such discretion cannot displace Limitation Act. Industrial Court jurisdiction – court is a reference court under Labour Disputes (Arbitration and Settlement) Act s.8, not a first instance forum.
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25 January 2019 |
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Whether the respondent was accorded a fair hearing and whether Labour Officer's compensation awards should stand.
Labour law — appeal procedure — admission of fresh evidence under s.18 Labour Disputes (Arbitration & Settlement) Act; leave to appeal on facts required by s.94 Employment Act; procedural fairness — fair hearing and disciplinary process; referral of damages by Labour Officer; setting aside Labour Officer’s compensation awards except payment in lieu of notice with interest.
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11 January 2019 |
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Extension granted to file reply despite administrative oversight; applicant ordered to pay costs.
Civil procedure – extension of time – service on company through receptionist/administrative assistant – Order 29 rr 2 CPR – capacity of person served; right to be heard (Art. 28(2) Constitution); costs for negligent delay.
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10 January 2019 |