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Citation
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Judgment date
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| May 2022 |
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NEC validly renewed the claimant's contract; subsequent removal was unlawful and award made for damages and notice pay.
Labour law – fixed-term contract – renewal and termination; internal constitutional powers of union organs – NEC supremacy and delegation; validity of meetings convened by Vice Chairperson; statutory termination procedures – Sections 66 and 68 Employment Act; remedies for unlawful termination – general damages and pay in lieu of notice.
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6 May 2022 |
| April 2022 |
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Bonuses paid by mistake were recoverable and the resulting summary dismissals were found lawful and fair.
Employment law – bonus overpayments by mistake; recovery of mistaken payments; disciplinary fairness and representation; breach of trust and lawful summary dismissal; entitlement to costs for unnecessary litigation.
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29 April 2022 |
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Manager’s negligent failure to appreciate a bank "CHECKED" stamp justified dismissal, but inadequate disciplinary notice warranted four weeks' pay.
Labour law – termination – managerial duty of care in banking – misuse/meaning of "CHECKED" stamp – negligence/gross misconduct; Procedural fairness – disciplinary notice must state rights and right to be accompanied – Section 66(4) Employment Act – limited compensation for procedural defects.
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22 April 2022 |
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Claimant denied a fair disciplinary hearing; dismissal held unlawful and damages, gratuity and interest awarded.
Labour law – unfair dismissal; procedural fairness in disciplinary hearings – right to be heard and to have written defence considered – need for evidence (CCTV, witness statements) to support disciplinary findings – Industrial Court jurisdiction on High Court referrals.
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22 April 2022 |
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Claimant unfairly terminated without statutory fair hearing; awarded salary arrears to termination date and UGX 5,000,000 general damages.
Employment law – unfair termination – employer’s duty to accord fair hearing under Employment Act (ss.66,68,73); burden of proof on employer to show payment of wages; NSSF remittances insufficient proof of salary payments; police prosecution does not replace internal disciplinary hearing.
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14 April 2022 |
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Claimant had a valid employment contract and was unfairly dismissed without hearing; respondent ordered to pay unpaid salary.
Employment law – existence and validity of contract of service – unpaid salary claim – unfair and unlawful termination without hearing (Employment Act s66, s68) – allegation of forged signature; absence of handwriting expert – evidential burden on forgery claim.
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8 April 2022 |
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Court granted stay of execution pending appeal, conditioned on a bank guarantee covering the full decretal sum and accruing interest.
Stay of execution — pending appeal — requirements: likelihood of substantial loss, absence of inordinate delay, security for due performance — appeal with reasonable prospects — bank guarantee for entire decretal sum and accruing interest.
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7 April 2022 |
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7 April 2022 |
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A successor local government unlawfully terminated an inherited employee by removing her without a fair disciplinary hearing, attracting damages.
Labour law – termination of employment – transferred employees after creation of new local government – duty of successor employer to conclude disciplinary proceedings and afford fair hearing; unlawful termination; remedies including arrears of pay, pension entitlements and general damages.
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4 April 2022 |
| 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 |
| February 2022 |
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Applicant permitted to deduct verified rental and utility charges from respondent's entitlements; unappealed labour officer order remains binding.
Labour law – execution of awards – unappealed labour officer order – verification and deduction of rental and utility charges from entitlements – effect of failure to cross-appeal – functus officio.
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28 February 2022 |
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An unappealed labour officer order directing deduction of verified rent and utilities remains binding and enforceable.
Labour law – execution of awards – where a lower tribunal’s order is not appealed or cross-appealed it remains binding and enforceable; interpretation of appellate award for purposes of execution; functus officio and finality of unchallenged orders.
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28 February 2022 |
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Termination during statutory probation is lawful without full hearing, but employer must pay statutory notice in lieu.
Employment law – probationary contracts (s.67 Employment Act) – effect on right to hearing and notice; lawful termination during probation; remedy: statutory notice/pay in lieu.
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25 February 2022 |
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Whether employees were unfairly dismissed absent particularised evidence linking them to Asycuda++ system fraud.
Employment law – unfair dismissal – disciplinary proceedings – standard of proof on balance of probabilities – need for particularised evidence linking employee to misconduct – Asycuda++ system tampering allegations – remedies: salary, notice pay, service awards, general damages, interest.
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24 February 2022 |
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Review dismissed for failure to show an apparent error on the face of the record; resignation was not revoked.
Civil procedure – Review – requirement of an error apparent on the face of the record for review relief (Edison Kanyabwera v Pastori Tumwebaze). Labour law – resignation notices – withdrawal and replacement of resignation notice does not amount to revocation absent clear evidence. Failure to prosecute – neglect to file submissions and defend application attracts costs.
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21 February 2022 |
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Service on a company receptionist at its registered office can constitute effective service; court validated late reply to protect right to be heard.
Civil Procedure – Service on corporations – Order 29 rule 2 CPR – service on receptionist at registered office; sufficiency of service; proof on balance of probabilities. Civil Procedure – Condonation/validation of late filings – sufficient cause and exercise of court’s discretion to protect right to be heard and substantive justice.
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11 February 2022 |
| January 2022 |
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A dismissal for negligence was upheld as lawful after the claimant received a fair disciplinary hearing.
Labour law – disciplinary procedure and fair hearing; Employment Act – procedural and substantive fairness in dismissal; Duty of care of bank officers in verification of customer identity; Burden of proof in ex parte civil employment claims.
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28 January 2022 |
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Preliminary objections overruled: dismissal fabrication is a factual issue and the employment contract was duly attached.
Preliminary objections – pure point of law v. question of fact – allegation of fabricated dismissal notice requires trial; Pleadings – Order 7 r14(1) CPR – requirement to attach document satisfied where employment contract pleaded as Annexure A and included in trial bundle; Both preliminary objections overruled; no order as to costs.
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23 January 2022 |
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Unlawful dismissal for unproven charges and denial of a fair hearing; claimant awarded general damages.
Labour law – unfair dismissal – adequacy of evidence supporting charges; fair hearing requirements under Section 66 Employment Act and Article 28 Constitution; employer's duty to prove reason connected to capacity or conduct; unlawful suspension under Section 63; remedies and damages.
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21 January 2022 |
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First claimant unlawfully dismissed; others procedurally disadvantaged but not defamed; monetary awards and loan consequences ordered.
Labour law – unfair termination – procedural fairness under Employment Act (Sections 65–68, 66) – proof required for dismissal for negligence in banking inter-account transfers; defamation – publication and malice; employee loans – recoverability after unlawful dismissal.
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14 January 2022 |
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A discretionary award of interest was denied due to untimely submissions; advocate negligence does not automatically excuse the client's failure to follow up.
Civil procedure – review of interlocutory/award ruling – applicability of section 82 Civil Procedure Act and Order 46 CPR; Discretionary relief – awards of interest require diligence and timely submissions; Advocate negligence – mistake by counsel not automatically visited on client, but context-dependent; Requirement to show sufficient cause for delays in filing submissions.
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14 January 2022 |
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Applicant’s review of denial of discretionary interest denied where counsel’s late submissions and applicant’s conduct failed to justify relief.
Civil procedure – review of interlocutory ruling; counsel’s negligence – when client is or is not visited with advocate’s error; discretionary relief – entitlement to interest requires diligence and timely submissions; aggrieved person requirement under section 82 CPA and Order 46 CPR.
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14 January 2022 |
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Whether occasional post‑restructuring engagements create an implied renewal of employment and entitlement to salary.
Employment law – retrenchment/rationalization – effect of a termination letter offering to call on expertise "as needed"; implication for re‑engagement. Contract renewal by conduct – continued occasional work and piecemeal payments do not necessarily amount to renewal on original terms. Assignment of duties vs substantive appointment – additional duties assigned to a senior do not create separate salary entitlement absent express terms. Burden of proof – employee must show payment/communications establishing re‑engagement on original terms.
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14 January 2022 |
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First claimant unlawfully dismissed and awarded damages; two others dismissed on merits but awarded four weeks’ pay for unfair hearing.
Employment law – unfair dismissal and lawful termination; Section 66 (notification and hearing) and Section 68 (burden of proof) Employment Act; bank employees’ duty of care in inter-account transfers; admissibility and weight of investigation and handwriting reports; procedural fairness – right to particulars, time to prepare and cross-examine; defamation – publication and malice; remedies – damages, notice, severance, statutory four weeks’ pay.
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14 January 2022 |