Uganda Case Law

Tusiime Bamanyindo v Kaali Ali Fadhil and Attorney General

Tusiime Bamanyindo v Kaali Ali Fadhil and Attorney General (Miscellaneous Application 403 of 2023) [2024] UGHCCD 109 (3 July 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 403 of 2023

Judge

Boniface Wamala, J

The court found that the applicant had demonstrated a prima facie case with a probability of success, as the main cause raised serious allegations of violation of his right to a fair hearing. The applicant faced credible threats of criminal prosecution and police disciplinary proceedings, and the consequences of such actions would not be adequately compensated by damages. The balance of convenience favored the applicant, as the respondents would not suffer injury if restrained from acting on the declaration, while the applicant risked substantial detriment. The court exercised its discretion…

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• Temporary Injunction
• Fair Hearing Rights
• Disciplinary Proceedings
• Employment Status

Emin Pasha Limited v Barigye (Labour Dispute Appeal No. 10 of 2019)

Emin Pasha Limited v Barigye (Labour Dispute Appeal No. 10 of 2019) [2022] UGIC 44 (10 May 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 10 of 2019

Judge

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

The court found that the Respondent was engaged as a management consultant to streamline and make the hotel efficient, and his role involved interim management but did not amount to an employment relationship. There was no evidence of a contract of employment, nor were traditional employment benefits such as annual leave, sick leave, or NSSF provided. The Respondent maintained independence in his work, used his own business headed paper, and was not subject to the control and integration typical of an employee. The Labour Officer's reliance on reporting hours and integration into hotel operat…

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• Employment Status
• Consultancy Vs Employment
• Termination Of Contract
• Employee Entitlements

Ajambo Sylvia v Calvary Chapel Outreach Ministries (Labour Dispute Claim 52 of 2018)

Ajambo Sylvia v Calvary Chapel Outreach Ministries (Labour Dispute Claim 52 of 2018) [2020] UGIC 48 (17 July 2020)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 52 of 2018

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that despite the contracts being titled 'volunteer contract agreement', the substance of the agreements, the use of terms 'employee' and 'employer', the provision for salary, tax remittance, and a staff identity card all indicated an intention to create a contract of service under the Employment Act. The court rejected the respondent's claim that the claimant was merely a volunteer. Regarding suspension, the court held that the indefinite, unpaid suspension was in fact a termination, not a lawful suspension pending investigation as required by Section 63 of the Employment Act.…

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• Employment Status
• Unlawful Termination
• Employee Rights
• Remedies For Termination

Othieno v Seyani Brothers and Company Limited & Another

Othieno v Seyani Brothers and Company Limited & Another (CIVIL APPEAL NO. 9 OF 2015) [2020] UGHCCD 165 (11 June 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL NO. 9 OF 2015

Judge

Mugambe, J

The High Court dismissed an employee’s appeal after finding he failed to prove he was employed by the respondent and had been contributorily negligent.

• Employer Liability
• Workplace Safety
• Contributory Negligence
• Employment Status
• Employment-status
• Workplace-safety

Kyamukama v Makerere University Business School (Labour Dispute Reference No. 147 of 2019)

Kyamukama v Makerere University Business School (Labour Dispute Reference No. 147 of 2019) [2020] UGIC 36 (24 April 2020)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference No. 147 of 2019

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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• Unlawful Termination
• Employment Status
• Contract Of Service
• Severance Pay
• Damages For Wrongful Dismissal

Nafuna v Dott Services Limited (Labour Dispute Claim 14 of 2014)

Nafuna v Dott Services Limited (Labour Dispute Claim 14 of 2014) [2019] UGIC 29 (30 April 2019)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 14 of 2014

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court held that the claimant was an employee, not a subcontractor, and that her dismissal was substantively justified but procedurally unfair.

• Employment Status
• Summary Dismissal
• Leave Entitlement
• Termination Procedure
• Employment-status
• Summary-dismissal

Muhindo v Kasese Community Health & Education (Labour Dispute Appeal No. 18 of 2015)

Muhindo v Kasese Community Health & Education (Labour Dispute Appeal No. 18 of 2015) [2019] UGIC 13 (22 February 2019)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 18 of 2015

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.

• Employment Status
• Contract Of Service
• Termination Of Employment
• Payment In Lieu Of Notice
• Employment-status
• Contract-of-service

Kakooza v Spear Motors Ltd (HIGH COURT CIVIL SUIT NO. 811 OF 2000)

Kakooza v Spear Motors Ltd (HIGH COURT CIVIL SUIT NO. 811 OF 2000) [2000] UGHC 51 (7 December 2000)

Court

High Court of Uganda

Case number

HIGH COURT CIVIL SUIT NO. 811 OF 2000

Judge

Mugamba, J

The High Court found the plaintiff remained an employee of the defendant, awarded nominal special damages and general damages, plus interest and costs.

• Unlawful Termination
• Employment Status
• Special Damages
• General Damages
• Employment-law
• Unlawful-termination