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Citation
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Judgment date
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| December 2021 |
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A claimant with an unquantified pre‑administration claim cannot continue proceedings against a company in administration.
Insolvency law – Administration deed moratorium – Effect of section 164(2)(b)(ii) – Whether pre-existing but unquantified/contingent employment claims are provable debts – Requirement that claims be quantified or reduced to an order before administration to qualify as provable creditors – Stay of proceedings against company in administration.
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17 December 2021 |
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Court granted interlocutory injunction restraining recruitment pending labour dispute due to prima facie case and irreparable harm.
• Employment law – interlocutory relief – temporary injunction to preserve status quo pending labour dispute determination
• Injunction test – prima facie case, irreparable injury, balance of convenience (American Cyanamid/Kiyimba-Kaggwa principles)
• Rescission of appointment – potential inadequacy of damages as remedy
• Administrative action – recruitment halted pending litigation
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17 December 2021 |
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Temporary injunction granted preventing recruitment until the applicant's wrongful rescission claim is finally determined.
Temporary injunction – employment rescission – preservation of status quo – requirement of prima facie case, irreparable injury and balance of convenience – recruitment halted pending main labour dispute.
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17 December 2021 |
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An employee's admission of misconduct can render a disciplinary hearing unnecessary and justify summary dismissal.
Employment law – summary dismissal – fundamental breach of contract by a credit officer (manipulation of loan documents) – admission of misconduct – effect on requirement for disciplinary hearing; Employment Act ss.66, 69(3), 70(6); prior warnings and suspension as evidential basis for dismissal.
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16 December 2021 |
| November 2021 |
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Court allowed leave to amend pleadings to include omitted claims, finding no new cause or prejudice to the respondent.
Civil procedure – amendment of pleadings – Order 6 Rule 19 CPR and s98 CPA – discretion to allow amendments to determine real questions – amendments must not introduce a distinct cause of action – avoidance of multiplicity of suits – omissions by former counsel – improper use of witness statement to oppose interlocutory application.
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19 November 2021 |
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Court granted leave to amend pleadings to include omitted claims, finding amendment necessary and not introducing new causes or parties.
Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR and section 98 CPA – Leave to amend to determine real questions in controversy – Amendments allowed to avoid multiplicity of suits – Amendment not allowed where it introduces new cause of action or parties or is in bad faith – Improper opposition by witness statement disregarded.
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19 November 2021 |
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Interlocutory application dismissed for failure to effect timely service; lack of legal personality not fatal to employment claim.
Civil Procedure – interlocutory application – service requirements – Order 5 r.3 and Order 12 r.3(2) – failure to effect timely service warrants dismissal; Employment law – definition of employer – Section 2 Employment Act – employer need not have legal personality; Pleadings – sufficiency of defendant description – Order 7 r.1(c).
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19 November 2021 |
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Failure to serve an interlocutory application within prescribed CPR timelines warrants dismissal; respondent’s description as an employer was sufficient.
Civil procedure – interlocutory application – service requirements – Order 12 r3(2) and Order 5 r3; Pleadings – adequacy of defendant’s description under Order 7 r1(c); Employment law – employer defined broadly under Employment Act; Procedural dismissal for failure to effect service.
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19 November 2021 |
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Omissions in alleged representative labour claims under O.1 r.8 can be cured by amendment, not necessarily struck out.
Civil procedure – representative actions – Order 1 r 8 – requirement of leave and notice/advertisement where representative suit instituted – permissive nature of O.1 r.8 – omissions curable by amendment; procedural compliance – late submissions not considered.
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19 November 2021 |
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Employer’s reliance solely on contractual clause without valid reason rendered dismissal unlawful; severance and damages awarded.
Employment law – unfair and unlawful dismissal – requirement under Section 68 of Employment Act and ILO Convention No.158 for valid reason – prospective salary arrears not awarded – severance pay and general damages awarded – interest ordered.
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12 November 2021 |
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Applicant’s eight‑day‑late notice of appeal validated because counsel’s negligence excused the delay under the 30‑day rule.
Civil procedure – extension/validation of time – validation of late notice of appeal filed eight days after 30‑day period under Regulation 45 (Employment Regulations 2011). Agency/representation – negligence of counsel – delay by lawyer not automatically visited on client when client acted promptly to instruct counsel. Procedural compliance – late filing of respondent’s submissions may be disregarded where excessively out of time.
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12 November 2021 |
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Late notice of appeal validated where applicant promptly instructed counsel and delay was counsel's negligence.
Civil procedure – extension/validation of time – notice of appeal filed out of time – sufficient/good cause required. Industrial/Employment law – Regulation 45 Employment Regulations 2011 – time for filing notice of appeal. Agency/representation – negligence of counsel not visited on client where client acted promptly to instruct lawyers. Procedural compliance – late written submissions may be disregarded.
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12 November 2021 |
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Application for extension to file an appeal dismissed: supporting affidavit incurably defective and no sufficient cause shown.
Civil procedure – extension of time to appeal – applicant must show sufficient cause, diligence and arguable prospects of success; Court may apply Civil Procedure Act and Rules (Order 43, Order 51). Affidavit evidence – deponent must have written authority to swear affidavit on behalf of another; absence renders affidavit incurably defective. COVID‑19 and court closures – inability to rely on lockdown/fumigation as excuse where evidence is absent or measures post‑date prescribed filing period.
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8 November 2021 |
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Under s.10B of the amended Act, a Head Judge plus three panelists properly constitute the Industrial Court and it had jurisdiction.
Industrial Court constitution; Labour Disputes (Arbitration and Settlement) Amendment Act 2021 s.10B; jurisdiction of Industrial Court; composition of bench; presiding judge requirement; review jurisdiction despite prior bench composition.
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8 November 2021 |
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Service at a branch/agent is effective; secretarial delay and COVID lockdown did not justify extension of time.
Civil Procedure/Labour Procedure – Extension of time – Rule 6 Labour Disputes Rules – Applicant must show sufficient cause to justify extension. Service – Service on agent/branch office or secretary is generally effective as service on the party unless court orders otherwise. COVID-19 – National lockdown and internal staff delay do not automatically constitute sufficient cause for extension/validation of late court filings.
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8 November 2021 |
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Leave to appeal on factual issues granted where respondent filed no affidavit in reply, implying no rebuttal.
Civil procedure – leave to appeal on questions of fact – Section 98 Civil Procedure Act; Employment law – appeal from Labour Officer’s Award – Section 94(2) Employment Act; Failure to file affidavit in reply – fatal omission – no rebuttal; Reliance on precedent (DFCU Bank Ltd v Muwanga; Agro Supplier Ltd v Uganda Development Bank).
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5 November 2021 |
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Leave to appeal on material questions of fact granted where respondent filed no affidavit in reply, leaving assertions unrebutted.
Labour law — leave to appeal on questions of fact — failure to file affidavit in reply — absence of rebuttal — precedential rule that omission is fatal — leave granted to revisit Labour Officer's evaluation of evidence.
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5 November 2021 |
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The respondent's brief failure to secure a meeting did not amount to constructive dismissal; Section 31 was misapplied.
Employment law – constructive dismissal – test for unreasonableness of employer conduct; Labour officer’s misapplication of Section 31 (inability to pay wages) where complaint concerned provision of work (Section 40); employer discretion to grant leave; employee’s resignation after limited attempts to see employer not automatically constructive dismissal.
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5 November 2021 |
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Appeal dismissed where appellant failed to file submissions and respondent gave no justification to increase the labour officer’s award.
Employment law – Appeal from labour officer – Section 94(3) Employment Act – Court’s power to confirm, modify or overturn labour officer awards – Requirement for parties to file submissions and justify modification or increased relief – Failure to file submissions grounds for dismissal.
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5 November 2021 |
| October 2021 |
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Termination after over two months’ sickness was lawful, but employer must pay the two months’ statutory sick pay.
Employment law – sickness absence – section 55 Employment Act – entitlement to two months’ sick pay and employer’s right to terminate after two months; notice and disciplinary hearing not required where termination follows prolonged sickness; burden of proof for NSSF remittances and untaken leave claims.
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25 October 2021 |
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Court reviewed registrar’s taxation, re-taxing the bill to UGX 9,403,400 in accordance with taxation rules.
Taxation of costs; Advocates (Remuneration and Taxation of Costs) Regulations 2018; classification of documents under Rule 10; instruction fees under Rule 1(d) (10%); attendance allowances (Rule 12); allowance of disbursements in bills of costs.
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22 October 2021 |
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Court set aside Registrar's taxation and reapportioned costs under the Advocates' Taxation Regulations, reducing total to 9,403,400/=.
Taxation of costs; interpretation of Advocates (Remuneration and Taxation of Costs) Regulations (Sixth Schedule, 2018) — Rules 10(1), 10(3), 11 and 12; calculation of instruction fees under Rule 1(d); inclusion of disbursements in bills of costs.
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22 October 2021 |
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Plaintiff failed to prove succession or a valid sale; registered administration and title held indefeasible absent proven fraud.
Land law – Succession certificates and proof of inheritance – Requirement to tender documentary succession evidence; Sale of land – enforceability requires signed written memorandum and proper description; Registration of Titles – Certificate of title and administration presumptively indefeasible except where fraud, which must be strictly proved; Specific performance not available where sale agreement not binding.
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21 October 2021 |
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Applicant failed to show sufficient cause to enlarge time for appeal; delay and lack of diligence justified dismissal.
Labour law – appeals against Labour Officer awards – Regulation 45 Employment Regulations – enlargement of time – section 79(1)(b) Civil Procedure Act and Order 43/51 CPR – sufficient cause/special circumstances – negligence of counsel and dilatory conduct – abuse of court process.
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15 October 2021 |
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Extension of time to appeal denied for inordinate delay, lack of sufficient cause and failure to show arguable appeal.
Civil procedure – extension of time to appeal – Regulation 45 Employment Regulations (30-day limit) – Court may enlarge time for good cause under Civil Procedure Act and rules; sufficient cause requires absence of dilatory conduct and credible explanation for delay; mistakes or negligence of counsel not automatically excusing client absent evidence of steps taken to pursue appeal; unexplained delay and lack of arguable grounds justify refusal.
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15 October 2021 |
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Newspaper notice alone insufficient where personal service was feasible; dismissal for non‑prosecution refused and matter to proceed on merits.
Labour procedure – dismissal for want of prosecution; registrar's notice by newspaper – generally effective but personal service required where feasible; Rule 5(1)/(2) Industrial Court Procedure Rules; Order 17 r.6 CPR; balance of justice favors hearing where party acts promptly once notified.
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15 October 2021 |
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An attachment-before-judgment application filed before the originating suit is incurably defective and is dismissed.
Civil procedure — Attachment before judgment — Order 40 r 5 CPR — remedy available only where suit is pending; application filed before originating suit is incurably defective and dismissed.
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12 October 2021 |
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Claimant’s fixed-term contract was automatically renewed by continued service; termination by redundancy was lawful and redundancy pay denied.
Employment law – fixed-term contract automatically renewed by continued service after expiry – employer’s burden to provide written particulars – redundancy termination lawful when employer in poor financial state – payment in lieu of statutory notice can validate termination – no statutory redundancy pay under Employment Act.
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12 October 2021 |
| September 2021 |
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Dismissal for want of prosecution set aside due to counsel’s negligence; applicant’s labour claim reinstated.
Labour procedure — setting aside dismissal for want of prosecution — Order 9 r.18 CPR; Advocates (Professional Conduct) Regulations 5(1) & 6 — advocate’s duty to appear, supervise and inform client; counsel’s negligence as sufficient cause to reinstate proceedings.
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24 September 2021 |
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Labour reference dismissed for failure to first appeal to Staff Tribunal under statutory remedy.
Universities and Other Tertiary Institutions Act 2001 – Sections 56 & 57 – Staff Tribunal – requirement to exhaust statutory appeal – competence of proceedings – preliminary objection – abuse of court process.
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24 September 2021 |
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Administration does not excuse failure to follow statutory termination procedures; unlawful dismissal entitles employee to severance, notice and benefits.
Employment law – unfair/unlawful termination; insolvency/administration does not excuse statutory notice or consultation; severance calculation; payment in lieu of leave; contractual flight and repatriation benefits; limits on awarding salary arrears to date of award; discretion on additional compensation.
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24 September 2021 |
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A knowledgeable non-director may swear affidavits and leave to appeal on facts is not time-barred by appeal lodging.
Companies Act – corporate management v. giving evidence; Civil Procedure – Order 19 Rule 1 – evidence by affidavit; Employment Act/Regulations – leave to appeal on questions of fact and timing; Service – affidavits on court record and rejoinder affidavits; Procedural objections – nullity of post-appeal applications.
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21 September 2021 |
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A knowledgeable employee may swear affidavits; rejoinder affidavits on the record are admissible; timing objection dismissed.
Evidence by affidavit – Order 19(1) CPR – admissibility by any person knowledgeable; Companies Act – employee capacity to give evidence; Service of rejoinder affidavits – on record; Employment Act s94(2) and Regulation 45(1) – timing of leave to appeal on questions of fact.
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21 September 2021 |
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Applicant’s motion to set aside dismissal for non‑prosecution denied: advocate’s error and asserted illness did not excuse dilatory conduct and delay.
Civil procedure – setting aside dismissal for non‑prosecution (Order 9) – sufficiency of cause – advocate’s negligence – litigant’s contributory dilatory conduct – delay in applying to reinstate – labour dispute over terminal benefits.
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17 September 2021 |
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The applicant’s dilatory conduct and contributory counsel errors justified dismissing the application to set aside a non‑prosecution dismissal.
Set‑aside of dismissal for non‑prosecution – sufficiency of cause – advocate negligence – contributory dilatory conduct by litigant – delay in application – payment of disputed terminal benefits.
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17 September 2021 |
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Court refused to award interest on a settlement due to late claimant submissions and lack of respondent filings.
Interest on settlement – discretionary award under section 20 Civil Procedure Act – claimant bears burden to establish entitlement – procedural compliance with court timelines – late submissions and absence of respondent – no interest awarded.
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17 September 2021 |
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Labour Officer cannot award general damages; Industrial Court may determine and awarded applicant UGX 1,700,000.
Employment law – Labour Officer jurisdiction – Section 78 limits compensation awards; general damages not awardable by Labour Officer. Procedure – Rule 3(1) Labour Disputes Rules – obligation to refer to Industrial Court when requested. Industrial Court powers – Section 94(3) – power to confirm, modify or overturn Labour Officer decisions and assess damages. Remedies – general damages for unfair termination where employer fails to give a fair hearing.
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17 September 2021 |
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Unilateral re-designation of a job title that demotes an employee without consent can constitute constructive dismissal and attract compensation.
Employment law – constructive dismissal – unilateral re-designation of job title without employee consent – demotion and fundamental breach under s.59 and s.65(1)(c) of the Employment Act. Remedies – entitlement to severance (s.87), basic and additional compensation (s.78), accrued leave and acting allowances; limits on notice/payment in lieu. Procedural – labour officer’s referral of general damages to Industrial Court; section 92 criminal penalty not triggered while remedies under appeal.
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17 September 2021 |
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Applicant failed to show sufficient cause to set aside an ex parte labour award based on counsel’s error.
Labour law – setting aside ex parte award – Order 9 Rule 27 CPR – requirement to show sufficient cause; counsel negligence – when it will or will not excuse litigant; procedural requirement to file formal application to set aside ex parte proceedings.
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3 September 2021 |
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Correction of an erroneous public service appointment was lawful; termination on abolition and refund claim were denied.
Public service law – Public Service Commission powers to review and rescind prior appointments (Regulation 41, PSC minutes); redesignation vs demotion – when correction of error is lawful; abolition of office – lawful termination on abolition; claims for recovery of overpaid salary – waiver by administrative letter and burden of proof.
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1 September 2021 |
| August 2021 |
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Omission of a case number and an inadequate hearing do not alone establish bias or require retrial; award of severance sustained.
Employment law – unfair termination – adequacy of disciplinary hearing – remedies for procedural unfairness; Judicial bias/recusal – omission to assign registration number does not, without more, establish partiality; Civil procedure – retrial exceptional remedy – requires miscarriage of justice; Remedies – severance allowance for inadequate hearing.
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6 August 2021 |
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Extension to appeal denied: applicant failed to show good cause for unexplained, inordinate delay.
Employment law – enlargement of time – extension to appeal labour officer’s decision – requirement to show "good cause" and diligence – statutory limitation (Employment Act s94; Reg 45) – unexplained and inordinate delay fatal to application – relevance of concurrent criminal proceedings and counsel’s conduct.
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6 August 2021 |
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Reversion from an acting appointment to a substantive post is lawful and does not constitute a demotion.
Labour law – Acting appointments versus substantive appointments – Acting appointment carries allowance only and may be withdrawn – Reversion to substantive post not a demotion – Disciplinary proceedings quashed by Staff Appeals Tribunal rendering related issues academic.
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6 August 2021 |
| July 2021 |
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Ex parte award delivered without hearing breached Article 28(1); award set aside and retrial ordered due to travesty of justice.
Labour law – natural justice – ex parte award – constitutional right to fair hearing (Article 28(1)) – necessity of notifying parties and obtaining consent before determining matter without oral hearing. Procedural irregularity – erroneous referral to magistrate instead of Industrial Court – effect on validity of award. Remedy – setting aside award and ordering retrial.
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22 July 2021 |
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Labour officer’s ex parte award without proper notice violated the applicant’s constitutional right to a fair hearing.
Administrative law – Natural justice – Right to fair hearing (Article 28(1)) – Ex parte award where party not heard unlawful. Labour law – Labour officer procedure – Arbitration/adjudication on absence – party consent and notice required. Jurisdictional procedure – Incorrect referral to magistrate instead of Industrial Court. Remedy – Set aside ex parte award; order retrial before different labour office.
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22 July 2021 |
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Whether fixed-term contracts expired by effluxion of time and employee entitled to science salary arrears and substituted gratuity.
Employment law – fixed-term contracts – renewal vs extension – effluxion of time – appraisal obligations – entitlement to science salary arrears – accrued gratuity – Industrial Court first appeal review.
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16 July 2021 |
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Probationary employees terminated without contractual notice or reasons are entitled to damages and pay in lieu of notice.
Employment law – Probationary contracts – Duration and permissible extension by agreement; statutory minimum notice for probationary termination; employer's duty at expiry of extended probation to confirm or give reasons; prohibition on placing same employee on probation more than once; proof required for special damages (overtime, leave).
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9 July 2021 |
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Court granted leave to appeal on mixed law and fact, allowed new legal issues and validated the amended memorandum of appeal.
Employment law – Appeal to Industrial Court – leave required for matters of fact or mixed law and fact; evaluation of evidence may amount to a question of law; legal issues/illegality may be raised at any stage; amendment of memorandum of appeal permitted; Civil Procedure Rules applicable where Labour Rules are silent.
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2 July 2021 |
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Court granted leave to appeal on mixed law and fact, to raise new legal issues, and to amend the Memorandum of Appeal; amended memorandum validated.
Employment law – appeal from Labour Officer – leave required to argue points of fact or mixed law and fact – evaluation of evidence may amount to a question of law. Civil procedure – amendment of memorandum of appeal – Order 43/CPR principles applied where Labour Rules are silent. Appeals – raising legal issues of illegality – may be raised at any stage and override pleading technicalities. Procedural timelines – no separate statutory time-limit for seeking leave to argue matters of fact once appeal is filed within prescribed time.
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2 July 2021 |
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Conditional stay of execution granted pending appeal, subject to a UGX 44,700,000 bank guarantee.
Stay of execution pending appeal – court’s discretion to prevent appeal being nugatory – requirement for security as condition for stay – balance between right to appeal and respondent’s entitlement to award – timeliness and diligence in pursuing record of proceedings.
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2 July 2021 |