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Uganda decisions
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Makerere University v Kitumba (Labour Dispute Appeal No. 43 of 2015) [2021] UGIC 59 (16 July 2021)
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.
Waiswa and 12 Others v Attorney General (Miscellaneous Application No. 26 of 2020) [2021] UGIC 66 (2 July 2021)
The Industrial Court endorsed the applicants’ unchallenged emoluments computations from an earlier labour award and upheld interest on any balance due.
Kiwalabye v Posta Uganda (Labour Dispute Reference No. 119 of 2020) [2021] UGIC 36 (11 June 2021)
The Industrial Court interpreted an earlier labour award and held that gratuity did not extend to the 1998–2011 contracts because those contracts lacked a gratuity clause.
Uganda Revenue Authority Vs Musoke (Civil Appeal No. 05 of 2012) [2019] UGCA 137 (30 May 2019)
The Court of Appeal held that the employee was not entitled to gratuity because he had served only three months under a fresh appointment and had not completed the manual’s one-year minimum.
Kiwalabye & Ors v Posta Uganda (Labour Dispute Claim 108 of 2015) [2019] UGIC 23 (24 May 2019)
The Industrial Court found that Posta Uganda breached the claimants’ employment contracts by changing their designations without consent, amounting to constructive dismissal.
Kabi Geofrey v National Union of Protection and Agricultural Workers (Labour Dispute Claim 52 of 2015) [2019] UGIC 24 (12 April 2019)
The court found that the claimant's request for gratuity and salary arrears was a legitimate exercise of his rights under the respondent's standing orders and did not constitute resignation. The respondent's conduct, including the refusal to appreciate the claimant's entitlement and the pressure to vacate office, amounted to unreasonable conduct and constructive dismissal under Section 65(1)(c) of the Employment Act. The court relied on precedent, notably Nyakabwa Abwooli vs Security 2000 Ltd, to hold that the removal of the claimant from office without alternative arrangements constituted un…
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Uganda Local Government Association v Kibira & 4 Ors (Labour Dispute Appeal No. 26 of 2016) [2018] UGIC 23 (12 January 2018)
The Industrial Court held that the Labour Officer erred in treating successive contracts as continuous for purposes of notice periods, which should be determined by the terms of each contract and section 58 of the Employment Act. Continuous service is relevant for calculating benefits such as gratuity and termination grant, which are distinct entitlements under the staff regulations and contracts. The court found that the calculation of quantum for gratuity was properly evaluated by the Labour Officer and upheld the award. Repatriation costs were only payable to those who had served at least…
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Paula Balaba v Reime (U)Limited (Labour Dispute Claim 261 of 2015) [2017] UGIC 27 (15 September 2017)
The Industrial Court of Uganda held that Paul Balaba’s termination by Reime (U) Ltd was unfair and unlawful for lack of hearing, notice, and lawful procedure.
Bukenya v The Registered Trustees of the Province (Labour Dispute Claim 8 of 2012) [2015] UGIC 13 (5 February 2015)
The Industrial Court held that the claimants had a right to gratuity under the employer’s benefits scheme, awarded the balance due, and rejected a forced-retirement damages claim.
Mukasa v Uganda Revenue Authority (HCCS No. 528 of 2005) [2007] UGHC 46 (21 August 2007)
The court found that the plaintiff was employed on permanent and pensionable terms under the old HRMM and not on contract. The new HRMM provisions regarding gratuity at 15% were suspended due to financial constraints and never implemented for non-management staff. Therefore, the plaintiff was only entitled to the Long Service Award at 2.5% of basic annual salary, not the claimed gratuity. Regarding NSSF contributions, while the statutory duty to remit rests with the employer, the plaintiff may seek judicial review for mandamus but cannot recover the contributions directly in an ordinary suit.…
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