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6 Aug 2021

Employment And Labour [2021] UGIC 60

Nuwagaba v Makerere University (Labour Dispute Reference No. 91 of 2018)

Nuwagaba v Makerere University (Labour Dispute Reference No. 91 of 2018) [2021] UGIC 60 (6 August 2021)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference No. 91 of 2018

The court held that the claimant's substantive appointment was Chief Custodian and his acting appointment as Personal Assistant was a temporary assignment that did not create a separate contract or right to remain in the acting position until a substantive appointment was made. The removal of acting duties and transfer to the College of Health Sciences as Chief Custodian was a lawful reversion to his substantive post, not a demotion or breach of contract. The phrase 'until the position is substantively filled' did not bind the respondent to keep the claimant in the acting role indefinitely. T…

Source excerpt

Unfair Transfer
Demotion
Breach Of Contract
Disciplinary Procedure

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28 Jun 2019

Employment And Labour [2019] UGIC 27

Muyimbwa v Ndejje University (Labour Dispute Reference No. 222 of 2015)

Muyimbwa v Ndejje University (Labour Dispute Reference No. 222 of 2015) [2019] UGIC 27 (28 June 2019)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference No. 222 of 2015
Judge: Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that the transfer of the claimant from Dean of Students to Senior Assistant Registrar amounted to a demotion, which was effected without affording the claimant a hearing or providing adequate reasons, contrary to Sections 66 and 68 of the Employment Act and the respondent's own Human Resource Manual. The respondent's conduct, including ignoring the claimant's queries and appointing another person to his former position before he could hand over, constituted unreasonable conduct leading to constructive dismissal under Section 65(1)(c) of the Employment Act. The demotion and sub…