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Citation
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Judgment date
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| December 2022 |
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Transfer preserves contract duration but unlawful retention on old pay scale entitles applicant to back pay; non‑renewal of fixed‑term contract lawful.
Employment law – transfer of contracts under Section 28 of the Employment Act – transferred contracts preserve duration and continuity; validation may vary terms. Fixed-term contracts – non-renewal at expiry lawful absent contract terms to the contrary. Labour rights – allegations of victimisation/discrimination must be proved; mere validation process does not equate to unlawful non-renewal. Remedies – unlawful pay-scale retention entitles employee to back pay; interest awarded; other relief denied.
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7 December 2022 |
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Court granted substituted service by newspaper and extended time to serve summons after applicants showed due diligence and no prejudice.
* Civil procedure – substituted service – where registered office and business addresses unresponsive – due diligence by affidavit and postal receipts.
* Civil procedure – service on corporations – Order 29 Rule 2 CPR; Order 5 Rule 22 CPR.
* Labour procedure – enlargement of time – substantive justice and sufficient cause where delay not dilatory; costs to abide outcome.
* Remedy – substituted service by newspaper publication (New Vision or Daily Monitor) within 21 days.
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5 December 2022 |
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Respondents had locus standi; late reply struck out; applicant allowed to amend except for matters outside this Court's jurisdiction.
* Employment law – procedural objections – locus standi of named employers; late filing of memorandum of reply; striking out for failure to show sufficient cause.
* Civil procedure – amendment of pleadings (Order 6 Rule 19 CPR) – leave to amend to clarify claims but refusal where amendments invoke fora outside court's jurisdiction.
* Evidence – affidavits require deponent's knowledge/belief, not separate authorization.
* Advocacy – advocates not required to produce instruments of instruction on appearance.
* Jurisdiction – Workers Compensation Act and Occupational Safety and Health Act matters not within Industrial Court's jurisdiction.
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2 December 2022 |
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Judge recused after participating in mediation to avoid a perception of partiality; parties notified.
* Judicial recusal – impartiality and appearance of bias – participation in mediation may create personal knowledge of disputed facts and require recusal under Code of Conduct and Recusal Directions (2019); constitutional right to fair and impartial hearing (Art. 28).
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2 December 2022 |
| November 2022 |
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Employee lawfully dismissed for unauthorized absence and failure to produce required medical evidence; procedure complied with statutory requirements.
Employment law – dismissal for unauthorized absence/absconding; sick leave – requirement to produce medical evidence; procedural fairness – compliance with sections 66 and 68 of the Employment Act; section 75 – entitlement to leave; essential employee duties and breach of contract.
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25 November 2022 |
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Applicant granted extension to file replies after former counsel’s omission; mistake of counsel accepted as sufficient cause.
Labour law – extension of time to file pleadings – mistake/omission of counsel as sufficient cause – Rule 6 Labour Disputes (Industrial Court Procedure) Rules – adoption of Civil Procedure Rules where Court Rules silent – uncontroverted affidavit evidence accepted.
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11 November 2022 |
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Applicant’s extension/leave denied for dilatory conduct, but flawed arbitral award set aside and remitted for fresh inter-partes hearing.
Labour law – appeal and extension of time – leave to appeal; Civil Procedure – good cause for enlargement of time; Procedural fairness – requirement for oath, recorded evidence and stated reasons in labour adjudications; Miscarriage of justice – setting aside arbitral award and remitting for fresh inter-partes hearing; Costs – dilatory conduct may attract adverse costs order.
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9 November 2022 |
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Whether an acting appointment entitles the claimant to an acting allowance (not a responsibility allowance) and related remedies; court awards outstanding allowance and damages.
Employment law – Acting appointments – Scope and effect of standing orders (F37) – Director’s power to appoint staff to act in higher posts – Entitlement to acting allowance versus responsibility allowance; Limitation law – accrual of cause of action for unpaid remuneration – six-year limitation period; Remedies – calculation of outstanding acting allowance, interest and general damages.
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4 November 2022 |
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Applicant granted extension to file replies because former counsel failed to file pleadings; mistake of counsel accepted as sufficient cause.
Extension of time – Labour disputes – Failure of counsel to file pleadings – Mistake or omission of counsel as sufficient cause – Industrial Court rules supplemented by Civil Procedure Rules – Unopposed affidavits presumed true.
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4 November 2022 |
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4 November 2022 |
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Probation can only be validly extended with employee consent; unproven extension makes termination unfair and some awards exceeded labour officer jurisdiction.
Employment law – Probation – Extension of probation requires employee consent (s.67 Employment Act); written contract cannot be varied by parol evidence. Labour procedure – Labour officer must not mix conciliation and adjudication; adequate record-keeping is required. Jurisdiction – Labour officer lacks power to award special/general/punitive damages or to order payment for unserved future contract period; Industrial Court may modify or substitute awards on appeal. Remedies – Terminal benefits properly awarded; future salary awards for remaining fixed-term period are not available to labour officers.
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4 November 2022 |
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A dispute may be referred to the Industrial Court where the labour officer fails to determine the complaint within the statutory period; referral was not premature.
Industrial Court jurisdiction; premature referral; LADASA s.6 inapplicable to employee–employer dispute; LADASA s.5 and s.5(3); Employment Act s.93(7); distinction from completed arbitration (Meru); right to refer after labour officer fails to determine within statutory period.
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3 November 2022 |
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The applicant's strike-out for premature referral was dismissed; referral valid where labour officer failed to determine within statutory period.
Industrial Court — premature referral — LADASA s6 inapplicable to individual employee disputes; arbitration/mediation not concluded; Employment Act s93(7) and LADASA ss5/5(3) permit referral after statutory period; Meru distinguished.
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3 November 2022 |
| October 2022 |
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Section 93(7) of the Employment Act is directory; referral after 90 days is not automatically time-barred.
Employment law – Section 93(7) Employment Act – meaning of 'may' – directory vs mandatory; Time limits – 90-day period and referral to Industrial Court; Procedural rules – relevance of Rule 6 (leave) where labour officer referred matter.
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28 October 2022 |
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Referral to the Industrial Court was premature where the Labour Officer had heard evidence but failed to render a decision.
Labour law – referral to Industrial Court – premature referral where Labour Officer conducted adjudication but failed to render a decision – duty to make binding order under s.13(1)(a) Employment Act 2006 and Regulation 8(3) Employment Regulations – replication of proceedings discouraged.
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28 October 2022 |
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Leave to adduce fresh evidence on appeal denied for failure to show new, material evidence or prior denial by lower forum.
Civil procedure – Admission of additional evidence on appeal – Exceptional circumstances required – Criteria: relevance, credibility, materiality, due diligence and absence of undue delay – Requirement to show lower court refused to admit evidence – Tendered document held not newly discovered or material.
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27 October 2022 |
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Where a defendant has no assets in jurisdiction but lacks intent to evade, court may order a reasonable bank guarantee for appearance.
Civil Procedure – Attachment before judgment (Order 40 CPR) – requirement to show intent to avoid execution – absence of assets in jurisdiction – bank guarantee as security for appearance; purchaser’s lack of legal nexus to seller’s liabilities.
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26 October 2022 |
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A manifest arithmetic error in an award justifies review and substitution of the correct sum; other orders unchanged.
• Civil procedure — Review — Error apparent on the face of the record — manifest arithmetic error in award subject to substitution.• Evidence — Affidavit in reply — Order 19 Rule 3 CPR — affidavit allowed where it contains factual matter within deponent’s knowledge, not argumentative law.• Remedies — Substitution of award figure; preservation of interest; no costs on partial success.
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20 October 2022 |
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Labour officer may entertain out‑of‑time dismissal complaints; eleven‑month delay was not time‑barred and claim proceeds.
Employment law – Limitation and jurisdiction – Section 71(2) Employment Act: labour officer’s discretion to entertain complaints after three months; not a strict limitation period – Complaints within six‑year Limitation Act period are not time‑barred – Preliminary objection on time dismissed.
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14 October 2022 |
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Applicants granted leave to prosecute a representative labour claim after proving written authorizations from 89 dismissed employees.
Representative suits – Order 1 Rule 8 CPR – requirements for representative action: same actual and existing interest, written authorizations, list of persons represented – public advertisement where personal service impracticable – labour dispute claims for unlawful dismissal.
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14 October 2022 |
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Reference to the Industrial Court was premature and the matter is remitted to the Labour Officer to decide on the existing record.
Labour law — Premature referral to Industrial Court after completion of hearings; arbitral proceedings — duty of Labour Officer to issue decision and reasons (Reg. 8(3)); abuse of court process and prejudice where reference made after evidence and submissions; remedy — remittal to Labour Officer to decide on existing record.
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14 October 2022 |
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Whether the applicant may compel the respondent to produce seven‑year‑old attendance records, and whether a late affidavit should be struck out.
* Civil procedure – production of documents – relevance, possession and discretion; * Affidavit in reply – late filing – treated as evidence and not struck out where no prejudice and substantive justice warrants; * Employment records – employer’s record‑keeping obligations and statutory retention periods; * Discovery – limits on fishing expeditions and requirement that claimant prove case at trial.
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12 October 2022 |
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Court granted extension and validated the appeal due to an arguable legal issue despite an inadequate explanation for delay.
* Labour law – extension of time to appeal – good cause and excusable delay; * Appealability – distinction between questions of law and fact; failure to evaluate evidence as a question of law; * Validation of appeal record; * Allegations of collusion/falsification of court documents – requirement of cogent proof; * Exercise of judicial discretion to expedite appeals and prevent injustice.
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5 October 2022 |
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A conditional stay pending appeal was granted subject to deposit of half the decretal sum by bank guarantee.
Stay of execution pending appeal; criteria for stay (prima facie success, irreparable harm, balance of convenience, promptness); conditional stays; security by deposit or bank guarantee; effect of cross-appeal; speedy disposal of labour disputes (LADASA).
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4 October 2022 |
| September 2022 |
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26 September 2022 |
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26 September 2022 |
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9 September 2022 |
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Where a labour officer adjudicates a dispute, the remedy is appeal, so a reference to the Industrial Court was premature.
* Labour law – premature reference – appeal vs reference – where a Labour Officer makes an adjudicatory ruling (Reg. 8, S.I.61/2011) the remedy is appeal under s.94(1) Employment Act 2006; * LADASA ss.4–5 – reference requires failure to resolve within statutory time; * Distinction between adjudication/award and conciliation/settlement; * Industrial Court powers to confirm, modify or overturn Labour Officer rulings (s.94(3)).
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6 September 2022 |
| August 2022 |
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Applicant failed to show sufficient cause to set aside ex parte judgment; service found proper and application dismissed.
Civil procedure – setting aside ex parte/default judgment – requirement to show summons not duly served or sufficient cause for non‑appearance; service on firm via lawyer’s receipt – absence of firm stamp not fatal; enlargement of time and leave to file reply – entitlement where sufficient cause shown.
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30 August 2022 |
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Judge recused due to prior advocate–client relationship creating a reasonable perception of partiality; file returned for reassignment.
* Judicial conduct — Recusal — Prior advocate–client relationship — Perception of impartiality sufficient ground for mandatory recusal under constitutional and judicial conduct principles.
* Constitutional law — Right to fair hearing — Independent and impartial tribunal — Application of Practice Directions on recusal.
* Judicial ethics — Bangalore Principles (impartiality) and Uganda Judicial Code of Conduct as guiding authority.
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30 August 2022 |
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Court allows late filing of reply despite inadequate COVID‑19 explanation, awarding costs to the respondent.
Labour procedure – extension of time – Rule 6 Labour Disputes (Arbitration & Settlement) (Industrial Court Procedure) Rules 2012 – applicant must show good and sufficient cause – COVID‑19 office closure inadequately particularised – discretion exercised in interest of justice to grant leave – costs to respondent.
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30 August 2022 |
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Extension of time to appeal refused for lack of good and sufficient cause; execution ordered to proceed.
Employment law – Appeal time limits – Extension of time to file appeal – Applicant must show good and sufficient cause; mistaken advice or delay is insufficient; execution pending appeal may proceed if no sufficient cause shown.
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30 August 2022 |
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Application for review dismissed as an improper appeal; no error apparent on the face of the record.
* Civil procedure — Review of court's own decision — limited to errors apparent on face of record or newly discovered evidence; not a substitute for appeal.
* Distinction between review and appeal — re-appraisal of evidence and misapplication of law are appeal matters, not review grounds.
* Functus officio — court generally cannot revisit its final judgment.
* Extension of time — cannot be granted where underlying application is an impermissible review disguised as appeal.
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29 August 2022 |
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Failure to return after reinstatement constituted voluntary termination, not constructive dismissal, where temporary reassignment did not alter contractual terms.
Labour law – temporary reassignment and fixed-term contract; constructive dismissal – unreasonable employer conduct; mutual separation and withdrawal; failure to return after reinstatement as voluntary termination.
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19 August 2022 |
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Applicant’s attempt to use review to compel discovery and overturn a final pay award was dismissed; remedy lies by appeal.
* Administrative/industrial law – Review of Industrial Court award – limited to new and important evidence or error apparent on the face of the record. * Civil procedure – Review vs discovery – an application seeking discovery cannot properly be styled as a review to overturn a final decision. * Public service/pay claims – requirement to adduce salary structures; duty of due diligence to obtain public salary scales. * Functus officio – once judgment rendered, court cannot re-open merits; remedy is appeal.
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19 August 2022 |
| July 2022 |
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Applicant failed to prove existence or possession of requested emails; discovery application dismissed with no order as to costs.
* Civil procedure – discovery – Order 10 rule 12 – prerequisites for ordering discovery: relevance, existence, and possession/custody/power. * Labour disputes – court’s power under Labour Disputes (Arbitration and Settlement) Act to order production of documents. * Evidential burden on applicant to show documents exist and are in opposing party’s custody; failure to do so defeats discovery application.
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14 July 2022 |
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Applicant entitled to disciplinary hearing minutes; court ordered respondent to produce them within 14 days.
* Civil procedure – Order 10 (rules 14, 15, 18) CPR – inspection/discovery of documents – production of disciplinary hearing minutes – relevance and possession – failure to file affidavit in reply.
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12 July 2022 |
| June 2022 |
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Advocate-deponed contentious affidavit breached professional conduct; application for stay of execution dismissed as incompetent.
Civil procedure – Stay of execution pending appeal – Order 43 CPR – requirements for stay (substantial loss, absence of unreasonable delay, security) – Advocates (Professional Conduct) Regulations SI 267-2, Regulation 9 – prohibition on advocates deposing to contentious matters – incompetence of affidavit – need to show substantive appeal (typed record/memorandum).
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6 June 2022 |
| May 2022 |
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A pending unfair dismissal claim does not automatically bar a bank’s enforcement of a mortgage; injunction refused.
Labour law — temporary injunction — interplay between pending unfair dismissal claim and enforcement of mortgage security; mortgage enforcement as commercial transaction separable from employment dispute; irreparable harm and balance of convenience; jurisdictional limit regarding Regulation 13(1) Mortgage Regulations 2012 (30% deposit).
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25 May 2022 |
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Senior employees lawfully dismissed for breaching company invoicing/DBR procedures; nominal damages for unauthorized signatories.
Employment law – disciplinary procedure – Code of Business Principles and Demand Based Replenishment (DBR) – forward invoicing, failure to reverse rejected invoices – procedural fairness of disciplinary hearings – composition of committee and absence of HR representative – unauthorized signatories to termination letters – nominal damages.
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20 May 2022 |
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A management consultant performing interim duties remained an independent contractor; employee remedies and the Labour Officer’s award were set aside.
* Employment law – contract of service v. contract for services – distinguishing employees from independent contractors based on control, integration, terms and traditional employment protections.
* Evidence – absence of written employment contract and traditional indicia (hours, leave, NSSF, supervision) supports consultancy status.
* Remedies – employment remedies (notice, leave pay, severance, NSSF) not available to consultants; awards based on employee status set aside.
* Procedural – appellate court re-evaluates record and may set aside labour officer’s findings when misapplication of legal tests occurs.
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10 May 2022 |
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Applicant’s dismissal for want of prosecution set aside due to registry misdirection amid panel reorganisation; matter reinstated with costs.
Administrative law – court procedure – setting aside dismissal for want of prosecution – registry misinformation and mistaken attendance due to panel reorganisation; service of process; right to fair hearing (Article 28) – sufficient cause for reinstatement; costs awarded for respondent’s conduct.
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7 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 |