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23 Aug 2023

Employment And Labour [2023] UGIC 108

Emalu v Roofings Uganda Limited (Labour Dispute Reference 185 of 2017)

Emalu v Roofings Uganda Limited (Labour Dispute Reference 185 of 2017) [2023] UGIC 108 (23 August 2023)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference 185 of 2017
Judge: Tumusiime-Mugisha, J, Ebyau, Panel Member, Mugambwa, Panel Member, Mubuuke, Panel Member

The court found that the termination of the Claimant's employment was mutually agreed upon in anticipation of new employment with Roofing's Manufacturing Rwanda Ltd. The Claimant signed the termination letter and accepted the terms, including serving a four-month notice period. During this period, he remained under the jurisdiction of the Respondent, and any infractions admitted by the Claimant exonerated the Respondent from the obligation to conduct disciplinary proceedings. The Labour Officer exercised discretion to entertain the complaint despite late filing, making the matter properly bef…

Source excerpt

Termination Of Employment
Severance Pay
Mutual Separation
Disciplinary Procedure
Jurisdiction Of Employer

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19 Aug 2022

Employment And Labour [2022] UGIC 34

Mulema v Stanbic Bank Kampala (Labour Dispute Reference No. 224 of 2018)

Mulema v Stanbic Bank Kampala (Labour Dispute Reference No. 224 of 2018) [2022] UGIC 34 (19 August 2022)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference No. 224 of 2018
Judge: Gidongo, Panel Member, Rwomushana, Panel Member, Tumusiime-Mugisha, J, Mugambwa, Panel Member

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…