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27 Oct 2023

Employment And Labour [2023] UGIC 43

Akankwasa v Muhavura Extractions Limited (Labour Dispute Reference 272 of 2018)

Akankwasa v Muhavura Extractions Limited (Labour Dispute Reference 272 of 2018) [2023] UGIC 43 (27 October 2023)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference 272 of 2018
Judges: Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The court found that the Claimant was aware of the Respondent's business downsizing and actively participated in retrenchment processes. Upon receiving notice of termination, the Claimant negotiated terms and signed a separation agreement, receiving agreed benefits. The evidence did not support claims of coercion, fraud, or duress; the Claimant exercised free will and consent in executing the agreement. Exclusion clauses barring access to statutory remedies or the court were held void under Section 4 of the Employment Act. The Claimant was estopped from denying the validity of the separation…

Source excerpt

Termination Of Employment
Mutual Separation Agreements
Coercion And Duress
Contractual Exclusion Clauses
Estoppel In Employment
Remedies For Unlawful Termination

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1 Jan 1941

Commercial And Corporate [1941] EACA 3

Boazman and Another v Hon. Attorney General of Uganda

Boazman and Another v Hon. Attorney General of Uganda (Civil Appeal No. 1 of 1941) [1941] EACA 3 (1 January 1941)

Court: East African Court of Appeal
Case number: Civil Appeal No. 1 of 1941
Judge: Francis, J (Uganda), Sheridan CJ, Webb CJ

The Court of Appeal held that under the Indian Contract Act, sections 151 and 152, a bailee's standard of care may be contractually modified, including reduction below the statutory norm, by special contract. The exclusion clause in the present case was clear and unambiguous, expressly exempting the carrier from liability for loss, including that caused by its own or its servants' negligence. The Court further held that such exclusion clauses are not void as contrary to public policy, as established by both Indian and English authorities. The appellants, having agreed to the exclusion clause…