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Citation
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Judgment date
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| March 2022 |
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25 March 2022 |
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Unlawful dismissal where a branch manager reasonably relied on supervisory/executive confirmation before processing a fraudulent IAT.
Labour law — unfair dismissal; bank manager's fiduciary duty; reasonableness of reliance on supervisory/executive confirmation in processing IATs; procedural fairness of disciplinary hearing; remedies — severance, general damages, interest; repatriation and salary-loan recovery requirements.
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25 March 2022 |
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Claimant unfairly dismissed for poor performance; entitled to pro rata salary, notice, severance and general damages; loan and NSSF claims denied.
Labour law – unfair dismissal – procedural fairness and right to a hearing (Employment Act s66; Constitution Art 28) – remedies: unpaid salary pro rata, notice pay, severance (s87), general damages – NSSF claims require proof – employer liability for employee loans depends on clear, express guarantee in loan documents/undertakings.
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24 March 2022 |
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Claimant unfairly dismissed for alleged poor performance without hearing; awarded salary, notice, severance and general damages.
Employment law – unfair/summary dismissal – procedural fairness – failure to hold disciplinary hearing (Section 66 Employment Act) – remedies: unpaid salary, notice in lieu, severance, general damages – NSSF remittances and employer liability for salary loan require proof – aggravated damages and costs discretionary.
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24 March 2022 |
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Late service of witness statements in a time‑bound session warranted adjournment; powers of attorney impliedly permit instructing counsel.
Labour law — procedural compliance in time‑bound sessions; late service of witness statements — prejudice and adjournment; scheduling memorandum — applicant to initiate but respondent may prepare; power of attorney — strict construction but includes implied authority to engage counsel; extension of time — requires sufficient cause.
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23 March 2022 |
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A conditional stay was granted pending appeal, ordering a 400,000,000 cash deposit or bank guarantee to secure due performance.
• Civil procedure – Stay of execution pending appeal – conditions for grant (risk of substantial loss, absence of unreasonable delay, provision of security).
• Appeal – Arguable point of law (interpretation of "continuous service") justifying further judicial consideration.
• Procedure – Requirement of security (cash or bank guarantee) pending appeal; reliance on Order 43(4)(3) and Kyazze precedent.
• Evidentiary – Late affidavit in reply not determinative where another timely affidavit deposes to same facts.
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21 March 2022 |
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Stay of execution granted pending appeal provided applicant deposits UGX 400,000,000 or a bank guarantee as security.
Civil procedure – Stay of execution – Whether to grant stay pending appeal – Conditions for stay including risk of loss, delay, and security. Evidence – Affidavits – Effect of late affidavit where another timely affidavit deposes to same facts. Labour law – Interpretation of "continuous service" as an arguable ground of appeal. Security – Court power to order deposit or bank guarantee to secure due performance pending appeal.
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21 March 2022 |
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Prolonged suspension beyond statutory period converted to termination; substantive misconduct justified dismissal but procedural failures rendered it unfair.
Employment law – suspension pending inquiry – statutory four-week limit under s.63(2); suspension exceeding four weeks without communication may amount to termination; substantive justification for dismissal where employee procures/records transactions outside authority; failure to afford pre-dismissal explanation and hearing under s.66 renders dismissal procedurally unfair.
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18 March 2022 |
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Failure to refer a labour dispute to the internal Staff Appeals Tribunal was an error on the face of the record; matter referred.
Administrative law – exhaustion of internal remedies – labour disputes – preliminary objection – error on the face of the record – referral to Staff Appeals Tribunal versus dismissal.
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18 March 2022 |
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Stay of execution refused because the applicant had no right of further appeal; Industrial Court decisions are final under the Employment Act.
Labour law – stay of execution – pending appeal – whether a right of further appeal exists where Section 94 of the Employment Act declares Industrial Court decisions final – subsidiary procedural rules (Rule 24) cannot override substantive legislation.
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18 March 2022 |
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Unrecorded conciliation by a labour officer rendered the purported determination defective; matter remitted for fresh labour officer handling.
Labour law — jurisdiction and procedure — reference v appeal under s94 Employment Act and Rule 24; Labour officer powers under s13(1)(a) — must use and record a single method (conciliation, arbitration or adjudication); Requirement of record and minutes — unrecorded conciliation renders purported decision untenable; Remedy — referral to Commissioner to appoint another labour officer.
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16 March 2022 |
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Court upheld contempt finding and UGX 30,000,000 fine against the applicant for failing to disclose a garnishee fixed deposit.
Civil contempt – failure to comply with Garnishee Order Nisi – existence, knowledge and disobedience of order established;* Garnishee duties – banks must disclose existence and balances of accounts when ordered by court;* Defences – alleged banking practice or miscommunication insufficient where account existed at disclosure date;* Sanctions – monetary fine for civil contempt appropriate and can be upheld as not excessive.
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14 March 2022 |
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Claimant lawfully dismissed for alleged fuel siphoning based on photograph, 3D fleet data and failure to rebut evidence.
Labour law – dismissal for misconduct – alleged siphoning of fuel; evidential standard in disciplinary dismissals (balance of probabilities); admissibility and weight of photographic and fleet-management (3D) electronic records; procedural fairness and adequacy of disciplinary hearing.
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11 March 2022 |
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Whether the applicant's termination under a procedurally flawed P.I.P. was lawful and what remedies are available.
Employment law – Performance Improvement Plan (P.I.P.) – requirement for prior appraisal, consistent KPIs, regular reviews and fair hearing; Procedural fairness – procedural irregularities render termination unlawful; Remedies – special damages for employer loan undertaking, severance allowance, general damages; denial of salary arrears, leave pay, repatriation and holiday pay; Jurisdictional note – compensation for unlawful termination under labour officer regime vs court damages.
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11 March 2022 |
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Application to add the central bank as co‑respondent refused for failure to disclose a cause of action against the liquidator.
Financial institutions — Liquidation — Section 100(1)(a) Financial Institutions Act 2004 — Liquidator may bring or defend actions in the name and on behalf of the institution — Corporate capacity during liquidation — Privity of contract — Joinder/amendment to add liquidator as co‑respondent — Requirement to disclose cause of action.
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9 March 2022 |
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Registry misdirection caused sufficient cause to set aside dismissal and reinstate the labour dispute with costs.
Civil procedure – setting aside dismissal for want of prosecution – Order 9 r.18, Order 52 r.1 & r.3 CPR; s.98 CPA. Administrative error by court registry – sufficiency of cause to reinstate proceedings. Labour disputes – effect of statutory reorganisation (LADASA amendment) on case allocation and fair hearing. Service and ex parte proceedings – respondent’s failure to reply; costs awarded.
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7 March 2022 |
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Appeals raising factual or mixed issues require the court's leave; parties cannot substitute consent for that leave.
Employment law – appeal to Industrial Court – s.94 Employment Act – appeals on questions of law only; appeals on fact require court's leave – parties' consent cannot substitute for leave – defective grounds of appeal struck out.
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4 March 2022 |
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Representative order granted where all claimants gave written consent and confirmed presence, dispensing statutory notice requirement.
Civil procedure – Order 1 Rule 8 (representative suits) – requirements: same actual and existing interest; written authorization; proposed plaint – notice/public advertisement dispensed where written consent and presence in court satisfy purpose of rule.
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4 March 2022 |
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Representative order granted where all claimants had common interest and gave written and oral consent, dispensing statutory notice.
Civil Procedure – Order 1 Rule 8 – Representative suits – Requirements: same actual and existing interest, written authorization, proposed plaint with list of persons – Notice/publication requirement may be dispensed with where represented persons give written consent and confirm same in open court; Labour Disputes Act S.12(5).
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4 March 2022 |
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Court confirmed strike‑out of appeal based on an unauthentic labour ruling and referred the underlying complaint for rehearing.
Civil procedure – Review – Section 82 Civil Procedure Act and Order 46 CPR – error apparent on face of record and sufficiency of grounds for review. Labour law – Record of appeal – authenticity requirements for labour officer’s award (signed, dated, stamped) – Order 21 r.3 CPR and Employment Regulations. Procedure – competency of affidavits – timing of affidavit in reply and service requirements – discretion under Article 126(2)(e). Authority – advocate of retained firm competent to depose affidavit on behalf of corporate client. Remedy – referral of labour complaint to independent labour officer where appeal founded on unauthentic ruling.
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4 March 2022 |