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Uganda decisions
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Prof . Baryamureeba v St. Augustine International University Limited and Another (Civil Suit 295 of 2018) [2024] UGHCCD 100 (23 May 2024)
The High Court held the plaintiff was engaged under a contract of service and awarded part of his claim, finding UGX 30,000,000 was a full settlement only up to June 2017.
Kyamukama v Makerere University Business School (Labour Dispute Reference No. 147 of 2019) [2020] UGIC 36 (24 April 2020)
The court found that, despite the contract labeling the Claimant as an independent contractor, the actual terms and working conditions established an employer-employee relationship with the Respondent. The Claimant was subject to the Respondent's control, had no independence in performing his duties, and was entitled to employment benefits. The Respondent failed to comply with statutory requirements for termination, specifically by not providing reasons or an opportunity for the Claimant to respond prior to termination, and by not conducting a disciplinary hearing. The court concluded that th…
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Muhindo v Kasese Community Health & Education (Labour Dispute Appeal No. 18 of 2015) [2019] UGIC 13 (22 February 2019)
The Industrial Court held that the claimant failed to prove a contract of service with the respondent, so the appeal was dismissed and the cross-appeal succeeded.
Kalundi v Pano Eastern Africa Limited & 2 Others (Labour Dispute Claim 2 of 2014) [2016] UGIC 31 (19 October 2016)
The Industrial Court held that the claimant’s walkout from a key meeting amounted to gross insubordination and lawful summary dismissal, but rejected the counterclaim.
Bubolo v Uganda Railways Corporation (HCT-00-CV-CS-0084 -2009) [2016] UGHCCD 20 (20 April 2016)
The High Court held that the plaintiffs were engaged on express casual or contract terms and failed to prove entitlement to terminal benefits. The suit was dismissed with costs.
National Social Security Fund v MTN Uganda Ltd & Anor (Civil Suit No. 94 of 2009) [2011] UGCommC 80 (12 July 2011)
The court held that Unisis Investments Uganda Ltd was the employer of the contract staff for purposes of NSSF contributions, as explicitly defined in the contract between MTN Uganda and Unisis. The contract and its appendices clearly established Unisis as the employer, with obligations to pay all statutory deductions, including NSSF. MTN Uganda fulfilled its contractual obligations by remitting the required funds to Unisis, and the failure by Unisis to pay NSSF did not transfer liability to MTN Uganda. The court found no ambiguity in the contract requiring application of common law tests for…
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Jet Speed Air Services (U) Ltd v Tumuhairwe (Civil Appeal No. 17 of 2000) [2001] UGCA 50 (4 November 2001)
The Court of Appeal held that the respondent's dismissal was wrongful because the appellant failed to substantiate the alleged misconduct and did not act in accordance with the contract's termination provisions. The respondent was entitled to damages as the evidence did not support the reasons for termination. The court found that the trial judge correctly admitted oral evidence regarding the respondent's remuneration, as the original document was fraudulently withheld by the appellant, thus satisfying the exception under the Evidence Act. The burden of proof for special damages remained with…
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Stephene v Regina (Criminal Appeal No. 98 of 1953) [1953] EACA 7 (1 January 1953)
The court held that section 25(g) of the Resident Labourers Ordinance did not create a criminal offence. The magistrate could only rescind the contract of service.
Kitching v Conforzi (Civil Appeal No. 10 of 1939) [1939] EACA 36 (1 January 1939)
The Court of Appeal for Eastern Africa held that an unenforceable service contract could still support an implied claim for reasonable remuneration for services rendered.
Nyeri Station Stores v Hassanali (C.A. No. 1 of 1935.) [1935] EACA 147 (1 January 1935)
The Court of Appeal held that an employee who overstayed leave and breached agreed leave conditions was not entitled to notice pay, and no fresh contract arose from resuming work.
