The Industrial Court held that the Claimants’ collective redundancy by Makerere University Business School was unlawful for failure to notify the Labour Commissioner.
The court found that the applicants' claim, both before and after the proposed amendment, arose from their termination of employment and related to terminal benefits and the lawfulness of termination. The additional prayers for declarations of unlawful or illegal termination were already included in the reply to the response to the memorandum of claim, and thus did not constitute a new or distinct cause of action. The amendment sought to clarify and consolidate the issues for determination, avoiding multiplicity of proceedings and enabling the court to address all matters in controversy. The…
The Industrial Court dismissed an application to extend time and review its award, finding the grounds were really appeal grounds and no error apparent on the record was shown.
Dr Kiwalabye v Mutesa 1 Royal University (Labour Dispute 5 of 2017) [2020] UGIC 34 (14 February 2020)
Court
Industrial Court of Uganda
Case number
Labour Dispute 5 of 2017
The court found that while the Respondent's reason for termination—downsizing and restructuring—was substantially lawful and in line with the Employment Act, the process was procedurally unfair due to failure to explicitly notify the Claimant that she was among those contemplated for termination, as required under Section 81. The Claimant was involved in discussions about restructuring but was not individually notified at least one month prior to termination. The Respondent's notification to labour authorities did not substitute for direct notice to affected staff. The court held that the Cla…
