The Industrial Court held that Napokoli’s termination was unfair and unlawful because the employer gave a reason without proving it or hearing him, and awarded general damages.
The court held that while the respondent's affidavit in reply was filed out of time, affidavits are now considered evidence rather than pleadings, and strict timelines for pleadings do not necessarily apply. Denying the respondent the opportunity to file a defence would cause injustice, especially since the applicant was able to file a rejoinder and suffered no prejudice. Regarding the production of the attendance register, the court found that the respondent credibly asserted it did not possess records older than one year, and there is no clear legal obligation under Ugandan law for private…
Odeke & 5 Ors Vs Ibero (U) Ltd (Civil Appeal No. 0100 of 2011) [2018] UGCA 119 (16 November 2018)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 0100 of 2011
The Court of Appeal upheld summary dismissal of six security guards after a company machine went missing and they refused to explain. Overtime and public holiday claims also failed.
Mugerere & 3 Ors v Kampala City Council Authority (Labour Dispute 63 of 2014) [2016] UGIC 20 (14 October 2016)
Court
Industrial Court of Uganda
Case number
Labour Dispute 63 of 2014
The court held that the claimants were lawfully terminated under their temporary contracts and received payment in lieu of notice, but were still entitled to 14 days’ leave pay.
