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Citation
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Judgment date
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| December 2024 |
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Whether the Industrial Court may hear a dispute between the applicant and the respondent union over dismissal and union funds.
Labour law — Jurisdiction of Industrial Court; Labour Unions Act — disputes concerning officers, registration, interdiction and investigation of accounts; Registrar referrals; accrued/consequential jurisdiction in labour matters.
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20 December 2024 |
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Termination after an abandoned disciplinary process amounted to a disguised dismissal; employee awarded damages, severance, certificate and costs.
* Employment law – disciplinary procedure – reasonable notice to prepare a defence; right to be informed of the disciplinary outcome and to receive hearing minutes.
* Employment law – termination v dismissal – termination with payment in lieu following an abandoned disciplinary process may amount to a 'disguised dismissal'.
* Remedies – general damages for emotional and reputational harm, punitive damages for employer misconduct, statutory severance, certificate of service, interest and costs.
* Relevant law – Employment Act provisions on disciplinary procedure, Section 61(5) and Section 65(3); application of international labour standards on termination procedures.
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20 December 2024 |
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An employer’s email did not satisfy Section 65 EA hearing requirements; dismissal was unlawful and remedies awarded.
Employment law – dismissal v termination; Section 65 EA (notification and hearing) – requirement of an oral/interactive hearing for fault-based dismissal; adequacy of PIP and procedural fairness; remedies for unlawful/unfair dismissal (severance, compensatory pay, general damages, interest, certificate of service).
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13 December 2024 |
Employment Law—proof of employment relationship—unlawful termination—non-payment of wages—payment of wages in kind—burden of proof—statutory limitation—no evidence of employment after 2006—claim dismissed—no costs awarded. |
13 December 2024 |
| November 2024 |
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Collective redundancy by outsourcing was procedurally unlawful; Claimants awarded general damages, but overtime and leave claims failed.
* Employment law — Collective termination (Section 80(1) EA) — redundancy by outsourcing — employer's duty to notify Labour Commissioner and consult employees.
* Procedural fairness — notice of intended termination and consultation are mandatory; payment in lieu of notice does not cure failure to notify/consult.
* Proof of overtime and leave — special damages require precise contemporaneous records; mere testimony insufficient.
* Remedies — severance not payable for unlawful collective redundancy under cited provisions; Court may award general damages, interest and costs for unlawful termination.
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28 November 2024 |
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Procedural irregularities in labour officer referral rendered the Industrial Court reference incompetent; decisions set aside and file remitted.
Employment law – Industrial Court referral jurisdiction – Competency of referral by labour officer – Procedural irregularity and inadequate lower record – Functus officio considerations – Remedy by setting aside decisions and remitting file to Commissioner of Labour.
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28 November 2024 |
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Employer breached contractual entitlement to monthly CPI; court ordered recomputation and awarded damages, no costs.
Employment law – contract of service – remuneration – Consumer Price Index (CPI) as monthly contractual benefit – employer cannot unilaterally vary wage particulars or convert monthly CPI to an annual adjusted formula without written consent – UBOS monthly CPI to govern computation – breach for non-payment; partial restitution accepted; awards of general and aggravated damages; no costs.
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27 November 2024 |
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Whether correspondence from an advocate constituted an unambiguous admission of resignation sufficient for judgment on admission.
* Civil procedure – Judgment on admission – Order 13 Rule 6 CPR – admissions must be clear, plain and unambiguous before judgment can be entered; * Evidence – Admissions by agents/advocates admissible but must meet clarity standard; * Employment law – whether correspondence constitutes admission of resignation.
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22 November 2024 |
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Redesignation was lawful, but non‑renewal was unfair because the employer breached its HR renewal procedures and notice obligations.
Employment law – fixed‑term contracts and termination – redesignation vs new contract – employer’s obligation to follow internal HR renewal procedures and contractual/ statutory notice – remedies: payment in lieu of notice, general damages, leave entitlement, certificate of service.
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22 November 2024 |
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A claim against the Uganda Police Force is incurable where the Police Act does not vest it with capacity to sue or be sued; such employment claims belong against the Attorney General.
Civil procedure – Amendment and substitution of parties – Suit against non-existent legal person – Juristic personality – Uganda Police Force not a corporate body capable of suing or being sued – Employment claims against UPF should be brought against the Attorney General – Suit against non-existent party incurable.
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8 November 2024 |
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Failure to pay salary constituted constructive dismissal; claimant awarded arrears, general damages and interest.
* Employment law – Constructive dismissal – Employer’s failure to pay wages as fundamental/repudiatory breach under s.64(1)(c) Employment Act. * Remedies – unpaid salary arrears net of statutory deductions, general damages, interest. * Taxation – computation of PAYE after statutory contributions (NSSF) under Income Tax Act. * Costs – no order as to costs absent misconduct.
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1 November 2024 |
| October 2024 |
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Employment law—unlawful termination—right to fair hearing—defamation—reputation—procedural fairness—employer liability—damages assessment—aggravated damages—interest and injunction
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29 October 2024 |
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The claimant was constructively dismissed when respondents installed a replacement without hearing; damages and repatriation awarded.
Employment law – Constructive dismissal – appointment of replacement during subsistence of employment – failure to afford hearing – burden to prove abandonment – remedies: notice pay, severance, general damages, repatriation, certificate of service.
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25 October 2024 |
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Labour officer acted without jurisdiction in ordering reinstatement and general damages; matter remitted to the Commissioner for further management.
Employment law – Labour Officer jurisdiction – limits of remedies before Labour Officers – reinstatement reserved for Industrial Court (s70 EA) – general damages and legal costs not awardable by Labour Officer – appeals on mixed fact and law require leave (s93(2) EA).
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25 October 2024 |
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The claimant unlawfully terminated without notice, reason or hearing entitled to notice pay, severance and general damages.
Employment law – unlawful termination – termination without notice, reason or hearing – summary dismissal evidence expunged where witnesses absent – remedies: payment in lieu of notice, general damages, severance pay – costs awarded where employer culpable.
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11 October 2024 |
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Employer must pay salary for post‑retirement services accepted; post‑retirement re‑employment remains discretionary.
Industrial Court jurisdiction – post‑retirement re‑engagement disputes; discretion of appointments board under HR manual; employer liability to pay for services accepted post‑retirement; no automatic right or legitimate expectation to re‑employment; discrimination claim not proved; interest awarded at 10% p.a.
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11 October 2024 |
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Claimant's dismissal found substantively unlawful; awarded general damages and severance, but not prospective contract pay.
Employment law – unfair dismissal – procedural fairness in disciplinary hearings – requirement to prove substantive misconduct – assessment of remedies including general damages and severance; speculative claims for prospective contract earnings denied.
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11 October 2024 |
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Payroll‑deletion claim against a local government is contractual and dismissed as time‑barred under the three‑year CPLMPA limitation.
Employment law – contract of service – payroll deletion – claim treated as breach of contract not continuing tort; Limitation – actions against government/local authorities governed by CPLMPA s.3(2) – three‑year limitation; claim filed outside statutory period held time‑barred.
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11 October 2024 |
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A contractual claim for withheld public‑sector salary was time‑barred under the three‑year limitation for actions against local authorities.
* Limitation — actions against Government/local authorities — Section 3(2) CPLMPA — three‑year limitation for actions founded on contract or tort. * Employment law — employment contract (contract of service) — salary withheld — remedy contractual, not continuing tort. * Limitation doctrine — continuing tort does not apply to extend accrual where claim is contractual.
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11 October 2024 |
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11 October 2024 |
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Dismissal was unlawful: employer varied charges post-hearing and failed to produce required investigation report, rendering dismissal unfair.
Employment law – unfair dismissal – procedural fairness – variance between disciplinary notice and termination grounds; failure to provide investigation report; substantive fairness – employer must prove verifiable misconduct; remedies – severance and general damages; interest; no costs.
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11 October 2024 |
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11 October 2024 |
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Claimant unlawfully terminated without notice or hearing; awarded notice pay, general damages, severance and costs.
Employment law – termination of employment – unlawful termination where employer fails to give notice, reasons or hearing; summary dismissal – employer must prove procedural compliance; witness statements of absent witnesses expunged – cannot prove dismissal; remedies – payment in lieu of notice, general damages, statutory severance pay; costs awarded where employer culpable.
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11 October 2024 |
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Unlawful termination for alleged misconduct without a fair hearing; claimant awarded damages, severance, notice and costs.
Employment law – unfair and unlawful termination – procedural fairness and failure to hold disciplinary hearing; employer’s burden to prove misconduct; NSSF deductions claim requires documentary proof; remedies: general damages, severance pay, payment in lieu of notice, interest and costs.
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4 October 2024 |
Employment Law – Bonding Agreement – Breach – Employer Compensation – Training Obligation – Reasonable Penalties – Court's Power to Reduce Interest – Costs Awarded – Counterclaim Dismissed.
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4 October 2024 |
| September 2024 |
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Immediate termination for alleged negligence without a hearing was unlawful; claimant awarded notice pay, general damages and severance.
Employment law — wrongful/unlawful termination — summary dismissal for alleged negligence without hearing — entitlement to payment in lieu of notice, general damages and severance; claim for unexpired fixed-term wages speculative — interest at 12% p.a.; no costs.
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30 September 2024 |
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Contempt claim dismissed: employer facilitated return, paid salaries; limited work due to funding, not willful defiance.
Contempt of court — elements: lawful order, awareness, unjustified non-compliance; employment reinstatement — compliance evidenced by re-engagement, attendance registers, pay slips and training; budgetary constraints as legitimate explanation for limited deployment; dismissal of contempt application; no order as to costs to protect employees enforcing rights.
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30 September 2024 |
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Registrar may award costs in execution proceedings, but a lump sum must be taxed before being imposed.
* Civil procedure — Costs in execution proceedings — Registrar’s discretionary power to award costs even without a specific prayer — costs follow the event subject to judicial discretion.
* Costs — Quantum — Award of lump sum without taxation improper — Advocates Act (s.38) requires taxation and party-to-party assessment.
* Appeals — Filing an appeal does not automatically stay execution absent application for stay.
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30 September 2024 |
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Illness can constitute sufficient cause to extend time and permit leave to appeal on factual issues in Industrial Court appeals.
Employment law – appeal from labour officer’s decision – extension of time under Rule 6 – sufficient cause (illness) – leave to appeal on questions of fact where specific factual issues were identified – filing deadlines and cross-appeal.
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30 September 2024 |
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Industrial Court lacks jurisdiction over workers' compensation claims; inclusion of such claims mandates dismissal of the entire claim.
Labour law – jurisdiction of Industrial Court; Workers Compensation Act – jurisdiction vested in Magistrates' Court; inclusion of non‑jurisdictional workers' compensation claim requires dismissal of entire claim (Mohan Musisi Kiwanuka principle); preliminary objections – threshold determination.
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25 September 2024 |
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Industrial Court lacks jurisdiction over Workers Compensation Act workplace injury claims; entire multi‑headed claim dismissed.
Jurisdiction — Industrial Court — Whether Industrial Court may entertain Workers Compensation Act workplace‑injury claims; Labour Disputes (Arbitration and Settlement) Act limits; Mohan Musisi principle that lack of jurisdiction over part of a suit ousts jurisdiction over whole; preliminary objections on cause of action.
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25 September 2024 |
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Industrial Court lacks jurisdiction over Workers Compensation claims; entire claim dismissed for want of jurisdiction.
* Jurisdiction – Industrial Court – Whether the Industrial Court has jurisdiction to determine claims under the Workers Compensation Act – Workers Compensation Act vests jurisdiction in Magistrates' Court.
* Civil procedure – Preliminary objection – Jurisdictional objections must be determined first; failure renders subsequent proceedings a nullity.
* Pleadings – Mixed claims – Where part of a claim falls under a forum the court lacks jurisdiction to hear, the entire claim may be dismissed (Mohan Musisi principle).
* Cause of action – Whether employment relationship exists between claimant and an individually sued supervisor (not decided due to jurisdictional dismissal).
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25 September 2024 |
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Labour Officer mixed mediation with arbitration without parties' consent, decision set aside for retrial.
Labour Law – Industrial Court appeal – procedural error in arbitration – mediation vs arbitration in labour disputes
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25 September 2024 |
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Res judicata bars re-litigation; name variance was a correctable misnomer; appeal dismissed.
* Civil procedure – res judicata – Section 7 CPA – execution proceedings barred where matter finally decided.
* Company name – misnomer – minor variance (Operations v Operators) correctable where identity is certain.
* Court powers – Section 98/99 CPA and Section 37 Judicature Act – correction of errors and prevention of multiplicity of proceedings.
* Pleading errors – misnaming by counsel is a proper basis for correction and not for relitigation.
* Abuse of process – re-igniting same dispute before a labour officer after a prior adjudication is impermissible.
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24 September 2024 |
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A labour reference was dismissed as res judicata because a prior High Court judgment had finally decided the same commission claim.
Practice — Res judicata; Civil Procedure Act s.7 — previous suit, competent court, final decision, same parties; Industrial Court — referral jurisdiction under LADASA; admissions under Evidence Act — effect of party admission; judicial economy and preliminary objections.
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17 September 2024 |
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Unilateral abolition of position and steep salary reduction constituted constructive dismissal; claimant awarded damages and severance.
Employment law – Constructive dismissal – unilateral abolition of post and substantial salary reduction – contractual (repudiatory breach) and reasonableness tests – causation, reasonable time to resign – remedies: general damages, severance, payment in lieu, unpaid leave, certificate of service; loan set-off claims refused for lack of evidence.
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6 September 2024 |
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An economic termination without compliance with statutory procedure is unlawful; employee entitled to leave pay, severance, notice pay and damages.
Employment law – Termination v dismissal – economic (no‑fault) termination for low business; statutory procedural requirements for termination (Sections 57, 58, 65, 80, 86 Employment Act) – insufficiency of converting termination into summary dismissal for absenteeism – entitlement to leave pay, severance (one month per year), payment in lieu of notice and general damages; interest on awards.
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6 September 2024 |
| August 2024 |
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Unilateral re-designation of long‑serving catering staff to cleaning roles was unlawful and constituted constructive dismissal; monetary relief awarded.
Labour law — unilateral variation of employment terms — re-designation vs transfer — constructive dismissal — entitlement to severance, notice pay, accrued pension and repatriation where employer fails to obtain consent or honour legitimate expectation.
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23 August 2024 |
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Claimant summarily dismissed without fair hearing; court awards notice, severance, repatriation, leave, general damages and interest.
Labour law – unfair/summary dismissal – requirement to notify employee of reasons and afford fair hearing (Section 65 Employment Act); notice periods and payment in lieu (Section 57); severance and repatriation entitlements (Sections 86, 88 and 38); assessment of general damages for unlawful termination.
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16 August 2024 |
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Unlawful summary dismissal without a hearing warrants general and aggravated damages; excessive claims moderated by court.
Employment law – unfair summary dismissal – failure to notify and afford hearing (s.65 Employment Act) – entitlement to general and aggravated damages – assessment of quantum – interest and costs.
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16 August 2024 |
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Whether the claimant is entitled to general or aggravated damages beyond payment in lieu of notice for unlawful termination.
Labour law – unlawful/constructive dismissal – entitlement to general damages beyond payment in lieu of notice (Mukadisi) – principles for assessing general damages (salary, length of service, manner of termination, prospects of re‑employment) – natural justice in disciplinary proceedings (adequate notice, disclosure of investigation report, right to be heard) – aggravated damages require proven degrading or callous conduct.
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16 August 2024 |
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An unlawfully dismissed employee may recover general damages beyond payment in lieu of notice for procedural unfairness.
Employment law – Unlawful dismissal – Award of general damages in addition to payment in lieu of notice (Mukadisi principle); procedural fairness – notice, disclosure of investigative report, right to confront witnesses; aggravated damages – high threshold; assessment of quantum – salary, service length, employability.
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16 August 2024 |
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Claimant awarded general damages beyond notice pay due to procedurally unfair termination.
Employment law – unlawful/constructive dismissal; entitlement to general damages in addition to payment in lieu of notice (Mukadisi); procedural fairness in disciplinary processes; assessment of quantum of general damages; aggravated damages not awarded absent degrading or callous conduct; costs — each party bears its own.
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16 August 2024 |
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An unlawfully dismissed employee may recover general damages beyond payment in lieu of notice where procedural unfairness occurred.
Employment law – unlawful/constructive dismissal; entitlement to general damages in addition to payment in lieu of notice (Mukadisi); procedural fairness in disciplinary hearings (adequate notice, disclosure of investigation, right to test evidence); assessment and quantum of general damages; refusal of aggravated damages.
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16 August 2024 |
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An employee unlawfully dismissed with procedural unfairness is entitled to general damages beyond notice compensation.
* Employment law – unlawful/constructive dismissal – procedural fairness in disciplinary hearings – notice of allegations and access to investigative report. * Remedies – payment in lieu of notice distinct from general damages; general damages awardable beyond notice period (Mukadisi). * Assessment of general damages – factors: length of service, salary, manner of dismissal, loss of employability, inconvenience and distress. * Aggravated damages – require evidence of degrading or callous conduct. * Costs in employment disputes – each party ordinarily bears own costs absent misconduct.
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16 August 2024 |
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Application for leave to appeal on facts denied because grounds were general, argumentative and permitted a fishing expedition.
* Employment law – leave to appeal on questions of fact or mixed law and fact – s.93(2) Employment Act; * Civil procedure – grounds of appeal must be concise and specific – Order 43 rules 1–2 CPR; * Appeals – general or omnibus grounds enabling a "fishing expedition" are unacceptable; * Application for leave to appeal dismissed with costs.
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16 August 2024 |
| July 2024 |
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Labour Law – Diplomatic Immunity – Prescribed Organization – Employment Dispute – Jurisdiction – Host Agreement – Unfair Dismissal – Vienna Convention – Functional Immunity.
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12 July 2024 |
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Industrial Court lacks jurisdiction over Workers Compensation Act claims; WCA disputes must proceed in magistrates’ court.
Workers Compensation Act – jurisdiction – definition of "court" as Magistrates' Court – Industrial Court lacks jurisdiction to determine WCA compensation claims; procedure under WCA requires Labour Officer reporting, medical assessment, referral/enforcement in Magistrates' Court.
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5 July 2024 |
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Retirement for ‘abolition of office’ was unlawful where affected public officers were not notified, interviewed or offered redeployment.
* Public Service — upgrade of position and ‘abolition of office’ — requirement to notify affected officers, interview, offer grace period or consider redeployment/re-designation.
* Administrative law — procedural fairness — individual notice and opportunity to be heard before retirement.
* Employment law — retirement on abolition of office as last resort; entitlement to pension, gratuity, severance, repatriation and payment in lieu of notice.
* Remedies — declaratory relief, statutory benefits, general damages, interest; no aggravated or punitive damages where salary continued.
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2 July 2024 |
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Court ordered production of qualifications and salary records after respondents failed to comply with a directed notice to produce.
Labour law – discovery and inspection of documents – Order 10 CPR – relevance, materiality and public interest – contempt for non-compliance with court directions – Section 8(3) LADASA – production of qualifications and salary records in public university disputes.
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1 July 2024 |