The Industrial Court found the claimant proved unpaid wages for March to July 2017, awarded UGX 25 million in wages and UGX 2.5 million in general damages, and denied other claims.
The Industrial Court partly reviewed its award, finding errors in notice pay and severance pay calculations, but refused to reopen leave and savings claims.
The Industrial Court held that a teacher absent for over two months due to sickness could be terminated lawfully, but awarded two months’ salary unpaid under section 55.
The court found that the re-designation of the respondent from Credit Manager to Compliance Manager without his consent constituted a fundamental breach of contract, amounting to constructive dismissal under Section 65(1)(c) of the Employment Act. The change in job title, grade, and responsibilities was injurious and illegal, and the employer's conduct made it impossible for the respondent to continue working. The absence of formal resignation did not preclude a finding of constructive dismissal, as refusal to report to work in response to unreasonable conduct suffices. The respondent was ent…
Byabagambi v Uganda Transport Cooperative Union Limited (CIVIL SUIT NO. 139 OF 2011) [2020] UGHCCD 200 (18 September 2020)
Court
HC: Civil Division (Uganda)
Case number
CIVIL SUIT NO. 139 OF 2011
Judge
Musa Ssekaana, J
Former employees sued for unpaid terminal benefits, leave pay, salary increments, working gear, NSSF issues, and workers compensation. The High Court dismissed the suit.
The court found that the respondent failed to follow the mandatory procedural requirements under Section 81 of the Employment Act, which obliges employers to notify employees and the Labour Commissioner at least one month before termination for economic or structural reasons. The claimant was not informed or given an opportunity to respond to the impending termination, nor was there sufficient evidence of a financial crisis justifying the restructuring. The Board's decision to terminate was based on observations unrelated to financial constraints, and the respondent did not comply with the le…
Mushabe v Real People Financial Services (Labour Dispute Claim 32 of 2014) [2018] UGIC 39 (24 August 2018)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 32 of 2014
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court of Uganda held that the claimant voluntarily resigned and was not constructively dismissed, but awarded unpaid salary and upheld the respondent’s loan and notice claims.