Uganda Case Law

Rhaeim Aimen v Granada Hotels Uganda Limited (Labour Appeal 2 of 2023)

Rhaeim Aimen v Granada Hotels Uganda Limited (Labour Appeal 2 of 2023) [2023] UGIC 120 (13 November 2023)

Court

Industrial Court of Uganda

Case number

Labour Appeal 2 of 2023

Judges

Wabwire Musana, J, Namara, Panel Member, Nabasirye - Panel Member, Matovu

The Industrial Court found that the appellant was employed on a fixed-term contract with a probationary period, not a probationary contract. The Labour Officer erred in treating the contract as probationary and in concluding that the appellant was lawfully terminated without a fair hearing. Section 66 of the Employment Act, which mandates a fair hearing before dismissal for misconduct or poor performance, applies to all employees, including those on probation, and is reinforced by the constitutional right to a fair hearing. Section 67(1)EA, which purports to exclude this right for probationar…

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• Unlawful Termination
• Probationary Periods
• Right To Fair Hearing
• Severance Pay
• Compensation For Unfair Dismissal

Mbonyi Julius v Appliance World Limited (Labour Dispute Reference No. 103 of 2016)

Mbonyi Julius v Appliance World Limited (Labour Dispute Reference No. 103 of 2016) [2021] UGIC 10 (16 April 2021)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference No. 103 of 2016

Judge

Rwomushana, Panel Member, Gidongo, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that the claimant was employed on a two-year contract with a three-month probationary period, which was not expressly extended. By operation of law and precedent, the claimant was presumed confirmed after the probation period lapsed. The respondent failed to follow the mandatory procedures for termination under Sections 66 and 68 of the Employment Act, including providing justification and following due process. The court held that the termination was both unlawful and unfair. The claimant was not entitled to severance allowance or notice pay, as he had not completed six month…

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• Unlawful Termination
• Probationary Periods
• Remedies For Wrongful Dismissal
• General Damages
• Severance Allowance

Batabane Vs Surgipharm Ltd

Batabane Vs Surgipharm Ltd (Civil Appeal No. 218 of 2013) [2019] UGCA 152 (7 June 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 218 of 2013

The Court of Appeal held that the respondent wrongly repudiated an employment contract before commencement, rejected frustration, and awarded damages, interest, and costs.

• Employment Contracts
• Anticipatory Breach
• Damages Assessment
• Probationary Periods
• Parol Evidence Rule
• Employment-contracts

Doreen Rugundu v International Law Institute

Doreen Rugundu v International Law Institute [2006] UGSC 18 (3 October 2006)

Court

Supreme Court of Uganda

The Supreme Court held that the appellant had no accrued rights under the employment contract because she had not commenced work and the contract was terminated before its operationalisation. The respondent lawfully terminated the contract by giving more than the statutory minimum notice required under Section 24(1) of the Employment Act. The appellant was not entitled to salary or benefits under the contract, as she had not rendered any services. Her refusal to accept the respondent's offer of re-engagement constituted a failure to mitigate damages. The Court affirmed that only damages for a…

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• Anticipatory Breach
• Fixed Term Contracts
• Probationary Periods
• Termination Notice
• Mitigation Of Damages

Tumuhaire v Jet Speed Air Services Ltd.

Tumuhaire v Jet Speed Air Services Ltd. (Civil Suit No.1045/99) [2000] UGHC 67 (11 February 2000)

Court

High Court of Uganda

Case number

Civil Suit No.1045/99

Judge

Tinyinondi, J

The Plaintiff was employed on permanent terms and worked for 19 months without pay. The Defendant failed to prove lawful termination or payment of entitlements. The employment contract, though deficient in particulars, was admitted by the Defendant and not rendered void by statute. The Defendant's dismissal of the Plaintiff was wrongful, lacking procedural fairness and contrary to natural justice. The Plaintiff is entitled to unpaid salary, leave, salary in lieu of notice, and general damages. The court implied reasonable terms for salary and notice based on evidence and legal principles. The…

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• Wrongful Dismissal
• Employment Contracts
• Remedies For Breach
• Probationary Periods
• Notice And Leave Entitlements