Uganda Case Law

Owinyi v Fresh Handling Limited (Labour Dispute Reference 60 of 2017)

Owinyi v Fresh Handling Limited (Labour Dispute Reference 60 of 2017) [2023] UGIC 122 (18 August 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 60 of 2017

Judge

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

The claimant admitted to transporting an unauthorized person in the respondent's ramp van, contrary to company policy and aviation safety rules. Although the police exonerated him of aiding a fugitive, he knowingly disregarded a lawful order prohibiting the transport of non-staff in company vehicles. The court found that the claimant was notified of the charges and given an opportunity to explain himself, satisfying the requirements of Section 66 of the Employment Act. The claimant's admission of the infraction rendered the right to a further hearing redundant, entitling the respondent to sum…

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• Summary Dismissal
• Fair Hearing
• Gross Misconduct
• Employment Contract Breach

Namufumba v Barclays Bank Limited (Labour Dispute Reference 70 of 2016)

Namufumba v Barclays Bank Limited (Labour Dispute Reference 70 of 2016) [2023] UGIC 123 (18 August 2023)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 70 of 2016

Judge

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

The Claimant admitted to transferring airtime from her team leaders' phones without authorization and sending it to a third party, a former employee. Her actions constituted a breach of the fundamental duty of honesty and integrity required of a banker and amounted to gross misconduct. The court found that, having admitted to the infraction, the Claimant was not entitled to the formalities of a hearing under Section 66 of the Employment Act. The Respondent was justified in summarily dismissing the Claimant under Section 69(3) of the Employment Act, as her conduct fundamentally broke her oblig…

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• Summary Dismissal
• Gross Misconduct
• Fair Hearing
• Employee Integrity
• Contractual Obligations

Thuambe v Uganda Posta Uganda (Labour Dispute Claim 216 of 2014)

Thuambe v Uganda Posta Uganda (Labour Dispute Claim 216 of 2014) [2022] UGIC 33 (22 April 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 216 of 2014

Judge

Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J

The court found that the claimant was not accorded a fair hearing as required by law and precedent. The disciplinary committee failed to consider the claimant's written defence, did not produce key evidence such as the CCTV footage or URA statements, and the infractions cited for dismissal did not clearly correspond to the gross misconduct provisions under Section 9.3.3 of the Operations Manual. The allegations put to the claimant were not the same as those proved, and the process lacked transparency and adherence to principles of natural justice. Consequently, the termination was unlawful. T…

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• Unlawful Termination
• Fair Hearing
• Gross Misconduct
• Remedies For Wrongful Dismissal

Kalundi v Pano Eastern Africa Limited & 2 Others (Labour Dispute Claim 2 of 2014)

Kalundi v Pano Eastern Africa Limited & 2 Others (Labour Dispute Claim 2 of 2014) [2016] UGIC 31 (19 October 2016)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 2 of 2014

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court held that the claimant’s walkout from a key meeting amounted to gross insubordination and lawful summary dismissal, but rejected the counterclaim.

• Summary Dismissal
• Gross Misconduct
• Insubordination
• Contract Of Service
• Termination Procedure
• Counterclaim For Misappropriation

Onguko Jimmy v Umeme Limited (Labour Dispute Claim 9 of 2015)

Onguko Jimmy v Umeme Limited (Labour Dispute Claim 9 of 2015) [2016] UGIC 29 (30 May 2016)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 9 of 2015

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that although the claimant was not given a proper opportunity to respond to the audit findings, he admitted during cross-examination to failing to maintain proper records and to procedural lapses in managing the cash office. These admissions constituted a fundamental breach of his obligations as a cashier under both the respondent's regulations and the Employment Act. The court held that the dismissal was justified on grounds of gross misconduct and lack of diligence. However, the court also found that the claimant was not afforded a fair hearing as required by law, and thus,…

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• Summary Dismissal
• Right To Be Heard
• Gross Misconduct
• Disciplinary Procedure

James Lule Apollo Ltd(MDI) v Pride Micro Finance

James Lule Apollo Ltd(MDI) v Pride Micro Finance (Civil Suit No. 150 of 2012) [2016] UGHCCD 29 (22 March 2016)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 150 of 2012

Judge

Musota, J

The High Court held that the plaintiff’s summary dismissal for alleged ICT-related fraud was lawful, and dismissed the suit with costs.

• Summary Dismissal
• Breach Of Employment Contract
• Disciplinary Procedure
• Gross Misconduct
• Banking Employee Standards
• Remedies For Unlawful Termination

Okiror v International Alert (Labour Dispute Claim 23 of 2015)

Okiror v International Alert (Labour Dispute Claim 23 of 2015) [2016] UGIC 30 (2 February 2016)

Court

Industrial Court of Uganda

Case number

Labour Dispute Claim 23 of 2015

Judge

Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court held that a finance officer’s failure to declare a personal engagement with a partner organisation amounted to gross misconduct and upheld summary dismissal.

• Summary Dismissal
• Gross Misconduct
• Conflict Of Interest
• Disciplinary Procedure
• Summary-dismissal
• Gross-misconduct

Julius Emomeri v Shell (u)

Julius Emomeri v Shell (u) (Civil Appeal No. 47 of 1997) [1999] UGCA 1 (21 October 1999)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 47 of 1997

The Court of Appeal of Uganda upheld dismissal of an employee for gross misconduct and confirmed that deductions from terminal benefits were lawful.

• Wrongful Dismissal
• Gross Misconduct
• Terminal Benefits
• Severance Pay
• Employment Contract
• Union Representation

Mary B.Mugenyi Nalongo v Coffee Marketing Board Limited

Mary B.Mugenyi Nalongo v Coffee Marketing Board Limited (Civil Appeal 13 of 1993) [1993] UGSC 17 (30 December 1993)

Court

Supreme Court of Uganda

Case number

Civil Appeal 13 of 1993

The Supreme Court of Uganda upheld the dismissal of an employee for gross misconduct after finding an unexplained cash shortage and holding that no criminal conviction was required.

• Wrongful Dismissal
• Employment Contracts
• Gross Misconduct
• Quantum Of Damages
• Wrongful-dismissal
• Summary-dismissal