Uganda Case Law

Kasasira v Yalelo Uganda Limited (Labour Dispute Reference 296 of 2022)

Kasasira v Yalelo Uganda Limited (Labour Dispute Reference 296 of 2022) [2024] UGIC 75 (13 December 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 296 of 2022

Judges

Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Lapenga

The court found that the Claimant was dismissed for alleged poor performance and misconduct, but the Respondent failed to provide a fair and proper disciplinary hearing as required by Section 65 of the Employment Act and established case law. The purported hearing by email correspondence did not meet the legal standard for a fair hearing, especially given the gravity of the allegations. The Respondent also breached its own internal procedures. The absence of an oral or physical hearing, failure to notify the Claimant of the specific allegations, and denial of an opportunity to defend himself…

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• Unlawful Dismissal
• Procedural Fairness
• Substantive Fairness
• Disciplinary Hearing
• Severance Pay
• General Damages

Musimenta v United Bank for africa (Labour Dispute 210 of 2020)

Musimenta v United Bank for africa (Labour Dispute 210 of 2020) [2024] UGIC 53 (11 October 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute 210 of 2020

Judges

Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Matovu

The court found that the Claimant's dismissal was both procedurally and substantively unfair. The disciplinary hearing notification listed only two infractions, but the termination letter cited additional grounds that were never communicated or heard, violating the right to a fair hearing. The Respondent failed to provide an investigation report as required by its own internal disciplinary policy, further undermining procedural fairness. The reasons for dismissal were not adequately proven, and the disciplinary committee's recommendations were not implemented. The court held that the dismissa…

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• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Remedies For Unlawful Dismissal
• Disciplinary Hearing
• Severance Pay

Musmenta v United Bank of Africa (Labour Dispute Reference 210 of 2020)

Musmenta v United Bank of Africa (Labour Dispute Reference 210 of 2020) [2024] UGIC 41 (11 October 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 210 of 2020

Judges

Wabwire Musana, J

The court found that the Claimant's dismissal was both procedurally and substantively unfair. The disciplinary hearing notification listed only two infractions, but the termination letter cited additional grounds that were never communicated or heard, violating the right to a fair hearing. The Respondent failed to provide an investigation report as required by its own disciplinary policy, further breaching procedural fairness. The reasons for dismissal were not proven to the required standard, and the process did not meet statutory or contractual requirements. The dismissal was therefore unla…

Source excerpt

• Unfair Dismissal
• Procedural Fairness
• Substantive Fairness
• Remedies For Unlawful Dismissal
• Disciplinary Hearing
• Severance Pay

Iga and 2 Others v Vita Foam (2015) Limited (Labour Dispute Reference 34 of 2021)

Iga and 2 Others v Vita Foam (2015) Limited (Labour Dispute Reference 34 of 2021) [2023] UGIC 83 (30 November 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 34 of 2021

Judge

Tumusiime-Mugisha, J, Gidongo, Panel Member, Aciro Panel Member, Wacha, Panel Member

The Industrial Court of Uganda held that the claimants’ summary dismissal was unlawful because the employer failed to prove misconduct or follow fair disciplinary procedure.

• Unlawful Termination
• Summary Dismissal
• Procedural Fairness
• Disciplinary Hearing
• Severance Pay
• General Damages

Kamegero v Marie Stopes Uganda Limited (Labour Dispute Reference 36 of 2018)

Kamegero v Marie Stopes Uganda Limited (Labour Dispute Reference 36 of 2018) [2023] UGIC 52 (13 October 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 36 of 2018

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The court found that the claimant's summary dismissal was both procedurally and substantively unfair. The respondent failed to provide the claimant with the investigation report prior to the disciplinary hearing, depriving him of a fair opportunity to respond to the allegations. The disciplinary process did not allow for cross-examination of witnesses or the presentation of the claimant's own witnesses. The outcome of the claimant's appeal was not communicated, contrary to the requirements of the Employment Act and the respondent's own Human Resource Manual. These procedural defects invalidat…

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• Unfair Dismissal
• Summary Dismissal
• Procedural Fairness
• Substantive Fairness
• Disciplinary Hearing
• Severance Pay

Kabagambe v Post Bank Uganda Limited (Labour Dispute Reference 107 of 2020)

Kabagambe v Post Bank Uganda Limited (Labour Dispute Reference 107 of 2020) [2023] UGIC 20 (16 August 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 107 of 2020

Judges

Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The Court found that while the Respondent had substantive grounds to believe the Claimant committed misconduct, the disciplinary process was procedurally unfair. The notice to the Claimant did not specify his rights at the hearing, such as the right to representation or to cross-examine witnesses, nor did it provide sufficient details of the allegations or attach the audit report. The failure to provide these procedural safeguards violated Section 66 of the Employment Act and established case law, rendering the dismissal unfair and unlawful. The Court held that both procedural and substantive…

Source excerpt

• Unfair Dismissal
• Procedural Fairness
• Disciplinary Hearing
• Severance Pay
• Repatriation Allowance

Mutwazagye v Electoral Commission (Labour Dispute Reference 238 of 2019)

Mutwazagye v Electoral Commission (Labour Dispute Reference 238 of 2019) [2023] UGIC 16 (7 July 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 238 of 2019

Judges

Wabwire Musana, J, Namara, Panel Member, Kagoye, Matovu

The Industrial Court found Nicholas Mutwazagye was unlawfully dismissed by the Electoral Commission for lack of procedural and substantive fairness.

• Unlawful Dismissal
• Procedural Fairness
• Severance Pay
• General Damages
• Disciplinary Hearing
• Right To Fair Hearing

Mandela v Royal Mabaati Uganda Limited (Labour Dispute Reference 161 of 2021)

Mandela v Royal Mabaati Uganda Limited (Labour Dispute Reference 161 of 2021) [2023] UGIC 11 (3 May 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 161 of 2021

Judges

Wabwire Musana, J, Musimbi, Panel Member, Nabirye, Lapenga

The Industrial Court found Mandela Sulaiman’s termination by Royal Mabati Uganda Ltd unlawful for lack of procedural and substantive fairness.

• Unlawful Termination
• Procedural Fairness
• Substantive Fairness
• Severance Allowance
• General Damages
• Disciplinary Hearing

Lutaaya v Akamba (U) Limited (Labour Dispute Reference 67 of 2020)

Lutaaya v Akamba (U) Limited (Labour Dispute Reference 67 of 2020) [2023] UGIC 82 (27 March 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 67 of 2020

Judge

Tumusiime-Mugisha, J, Aciro Panel Member, Gidongo, Panel Member, Rwomushana, Panel Member

The Industrial Court held that the claimant received a lawful disciplinary process and that his dismissal by Akamba (U) Ltd was lawful. The claim was dismissed.

• Unlawful Termination
• Disciplinary Hearing
• Summary Dismissal
• Employment-law
• Summary-dismissal
• Disciplinary-hearing

Byakagaba v Encot Microfinance (Labour Dispute Appeal No. 31 of 2019)

Byakagaba v Encot Microfinance (Labour Dispute Appeal No. 31 of 2019) [2021] UGIC 58 (6 August 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 31 of 2019

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Ebyau, Panel Member, Mubuuke, Panel Member, Mugambwa, Panel Member

The Industrial Court dismissed an appeal against a labour officer’s award, holding that the termination dispute was decided on inadequate hearing and that no bias was shown.

• Unfair Termination
• Disciplinary Hearing
• Severance Pay
• Procedural Fairness
• Unfair-termination
• Disciplinary-hearing