The Industrial Court held that Paul Mutebe’s redesignation was lawful, but Joint Medical Store’s non-renewal of his contract breached its HR policy and was unfair.
The court found that the operative employment contract commenced on 1st February 2019 and was set to expire on 1st February 2022. The Respondent's issuance of a notice of non-renewal and requirement for the Claimant to hand over office on 31st December 2021 constituted premature termination, as the contract had not yet expired. Clause 6 of the contract required three months' notice or payment in lieu thereof for termination during the contract period. The Respondent failed to comply with this requirement, rendering the termination procedurally unfair and unlawful. The Claimant was entitled to…
The court found that although the Claimant's fixed-term contract expired in 2014, she continued working for the Respondent and was paid monthly, which constituted constructive renewal of her contract on the same terms as the expired contract. There was no evidence of a mutual agreement to vary the contract to a monthly or casual basis, and the Respondent's acceptance of her services and payment for work done amounted to renewal by default. However, the Claimant failed to prove her claim for unpaid salary arrears, as she did not provide evidence of when she was last paid or that the alleged ar…
The Industrial Court held that staff contracts transferred on Kabale University’s conversion to a public university, but the 1st claimant was wrongly kept on the old salary scale.
The court found that the Claimant was not constructively dismissed nor unlawfully terminated. The evidence showed that the Claimant initiated discussions for mutual separation, seeking compensation to settle her indebtedness, and failed to return to work after the Respondent withdrew the mutual separation agreement and reinstated her. The Respondent's conduct did not amount to unreasonable behavior under Section 65(1)(c) of the Employment Act. The temporary assignment did not alter the fundamental terms of her contract, and the Claimant's decision to leave was voluntary and motivated by perso…
The Industrial Court held that the respondent’s fixed-term contracts ended by effluxion of time, but upheld salary arrears for science money and accrued gratuity.
The court upheld a labour officer’s decision that a series of fixed-term contracts ended lawfully on expiry, dismissing most claims but allowing 20 days’ leave pay.
Mt. Elgon Hospital v Nangosya (Labour Dispute Appeal No. 17 of 2019) [2020] UGIC 18 (21 August 2020)
Court
Industrial Court of Uganda
Case number
Labour Dispute Appeal No. 17 of 2019
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court held that a fixed-term contract had expired and was not unlawfully terminated. It set aside the Labour Officer’s compensation award.
Ssenuni Mohamed & 2 Others v Kampala Capital City authority (Labour Dispute Claim 298 of 2014) [2018] UGIC 40 (18 May 2018)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 298 of 2014
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court held that the claimants’ short-term vocational contracts expired lawfully, so they were not unlawfully terminated and received no terminal benefits.
Birungi v NLS Waste Services (Labour Dispute 67 of 2014) [2017] UGIC 18 (11 April 2017)
Court
Industrial Court of Uganda
Case number
Labour Dispute 67 of 2014
The court found that the claimant was lawfully granted maternity leave as per Section 56 of the Employment Act, 2006, and that the respondent's assertion of illegality due to lack of supervisor's signature was unfounded since the General Manager's approval sufficed. The termination of the claimant during maternity leave was unlawful because the respondent failed to follow the mandatory disciplinary procedure under Section 66 of the Employment Act, which requires explanation of charges and a hearing. The evidence presented, such as general warning emails and clock-in records, did not amount to…