Uganda Case Law

Miyingo v Sogea Satom Uganda (Labour Dispute Reference 116 of 2018)

Miyingo v Sogea Satom Uganda (Labour Dispute Reference 116 of 2018) [2023] UGIC 60 (21 August 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 116 of 2018

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The court found that the Claimant was constructively dismissed by the Respondent due to the Respondent's unreasonable conduct in failing to reinstate him after his acquittal and not communicating any intention to resume the employment relationship. The Respondent's reliance on the end of the project was found to be immaterial, as the Claimant's contract was not tied to the project. The court held that the employment relationship was fundamentally damaged by the employer's actions, and the Claimant was entitled to remedies for unfair dismissal, including severance pay, salary in lieu of notice…

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• Constructive Dismissal
• Unfair Termination
• Salary Arrears
• Severance Pay
• Compensatory Orders
• General Damages

Byabagambi v Uganda

Byabagambi v Uganda (Criminal Appeal No. 35 of 2019) [2022] UGHCCRD 63 (30 May 2022)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal No. 35 of 2019

Judge

Asiimwe, J

The High Court allowed a criminal appeal against a theft conviction, holding that the prosecution failed to prove theft and that the compensatory order was improperly made.

• Theft
• Burden Of Proof
• Evaluation Of Evidence
• Compensatory Orders
• Criminal-appeal
• Burden-of-proof

Ugafode Microfinance Limited (MDI) V Kyoribona (Labour Dispute Appeal No. 34 of 2019)

Ugafode Microfinance Limited (MDI) V Kyoribona (Labour Dispute Appeal No. 34 of 2019) [2021] UGIC 26 (17 September 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 34 of 2019

Judge

Katende, Panel Member, Ruhinda-Ntengye, J, Bwire, Panel Member, Nyacho, Panel Member

The court found that the re-designation of the respondent from Credit Manager to Compliance Manager without his consent constituted a fundamental breach of contract, amounting to constructive dismissal under Section 65(1)(c) of the Employment Act. The change in job title, grade, and responsibilities was injurious and illegal, and the employer's conduct made it impossible for the respondent to continue working. The absence of formal resignation did not preclude a finding of constructive dismissal, as refusal to report to work in response to unreasonable conduct suffices. The respondent was ent…

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• Constructive Dismissal
• Unfair Termination
• Severance Pay
• Leave Entitlements
• Compensatory Orders
• General Damages

UMEME Limited v Harriet Negesa (Labour Dispute Appeal No. 72 of 2018)

UMEME Limited v Harriet Negesa (Labour Dispute Appeal No. 72 of 2018) [2019] UGIC 34 (26 July 2019)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 72 of 2018

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that the process followed by the appellant did not constitute a disciplinary hearing as required by law. The respondent was not given adequate notice of the specific allegations, her supervisor was not involved, and she was not afforded an opportunity to defend herself or call witnesses. The performance hearing was not equivalent to a disciplinary hearing under Section 66 of the Employment Act or Article 28 of the Constitution. Consequently, the termination was both unfair and unlawful. The labour officer was correct in awarding severance allowance as a statutory remedy for un…

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• Unfair Termination
• Severance Allowance
• Disciplinary Hearing Requirements
• Compensatory Orders
• Jurisdiction Of Labour Officer