The Industrial Court held that Umeme’s restructuring made the telecom engineer role redundant, rejected constructive dismissal, and awarded limited compensation.
The court found that the Claimants were appointed as machine operators under salary scale U8, not U7, in accordance with the Approved and Costed Staff Establishment and Ministry of Public Service guidelines. Any reference to U7 in their appointment letters was an administrative error, which the appointing authority was entitled to correct. The Claimants never received salary under U7, and no unilateral variation in pay occurred. As such, they were not entitled to salary arrears, allowances, or damages. The claim for constructive dismissal was not substantiated, as the Claimants were not termi…
The Industrial Court found that failure to pay salary for three months amounted to constructive dismissal and awarded unpaid wages, damages and interest.
The court found that the claimant was constructively dismissed because the respondents appointed a new headteacher during the subsistence of the claimant's employment, instructed him to hand over office, and failed to provide a hearing or notice. The respondents' conduct amounted to a fundamental breach of the employment contract, demonstrating they no longer wished to be bound by its terms. The court rejected the respondents' argument of abscondment, noting the lack of evidence, absence of disciplinary proceedings, and the claimant's known whereabouts. The court held that all elements of dis…
The respondent unilaterally abolished the claimant's position, compelled him to reapply for a new role, and subsequently demoted him with a drastic salary reduction. These actions constituted a fundamental and repudiatory breach of the employment contract, removing the element of choice and consent from the employment relationship. The respondent failed to act fairly, transparently, or in accordance with fair labour practices, and did not provide adequate notice or justification for the restructuring. The intolerable working conditions created by the respondent's conduct, including the inabil…
The Industrial Court held that Makerere University unlawfully redesigned kitchen staff to cleaners, amounting to constructive dismissal and breach of contract.
The Industrial Court dismissed Vitacare Uganda Ltd’s application for leave to appeal, holding that its proposed grounds were vague, repetitive, and insufficiently specific.
The court held that, following the Supreme Court's decision in Uganda Post Limited v Mukadisi, general damages are awardable in addition to payment in lieu of notice for unlawful termination. The Respondent's failure to provide adequate notice, share the investigative report, and allow the Claimant to defend himself constituted procedural unfairness and a breach of natural justice. The court found that the Claimant suffered inconvenience and distress due to the manner of his termination, justifying an award of general damages. However, the evidence did not support aggravated damages, as there…
The Supreme Court in Uganda Post Limited v Mukadisi clarified that general damages may be awarded in addition to payment in lieu of notice for unlawful termination, departing from earlier restrictive precedent. The Industrial Court found that the Respondent's termination of the Claimant was procedurally unfair, as the Claimant was not given sufficient notice, was denied access to the investigative report, and was not afforded a fair hearing. The Respondent conceded to procedural unfairness and compensated the Claimant for lack of disciplinary hearing, payment in lieu of notice, and severance…
The Industrial Court of Uganda held that the claimant’s dismissal for abscondment was fair, but ordered the employer to remit UGX 2,515,464 in NSSF contributions.