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27 Jan 2025

Employment And Labour [2025] UGIC 10

Ssempijja vs D-Light Design Limited (Labour Dispute Reference 350 of 2019)

Ssempijja vs D-Light Design Limited (Labour Dispute Reference 350 of 2019) [2025] UGIC 10 (27 January 2025)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference 350 of 2019
Judge: Tumusiime-Mugisha, J, Wacha, Panel Member, Aciro Panel Member, Gidongo, Panel Member

The court found that the Respondent failed to provide evidence of the alleged fundamental breach by the Claimant and did not accord him a fair hearing prior to dismissal. Both substantive and procedural requirements for lawful termination under Ugandan law were not met. The Respondent's reliance on the sensitivity of the case did not justify bypassing the right to be heard, and no proof was adduced regarding the confidential information or the third parties involved. Consequently, the summary dismissal was both substantively and procedurally unlawful. The Claimant was entitled to remedies, in…

Source excerpt

Unfair Termination
Summary Dismissal
Right To Be Heard
Contractual Obligations
Damages For Unlawful Dismissal

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10 Jun 2011

Employment And Labour [2011] UGHC 197

Musoke v Uganda Revenue Authority (HCT-00-CV-CS-0118 OF'2008)

Musoke v Uganda Revenue Authority (HCT-00-CV-CS-0118 OF'2008) [2011] UGHC 197 (10 June 2011)

Court: High Court of Uganda
Case number: HCT-00-CV-CS-0118 OF'2008
Judge: Elizabeth Musoke, J

The court found that the plaintiff's termination was wrongful because he was not afforded a fair hearing as required by both the Constitution and the Human Resource Manual. The disciplinary procedures, including the right to respond to allegations and appear before a disciplinary committee, were not followed. The defendant's reliance on Clause 13.2 after initially citing Clause 14.2 was an attempt to retroactively justify the termination without due process. The plaintiff was entitled to a fair and just treatment, which was denied. Regarding terminal benefits, the court held that payment to S…