The Industrial Court held that George Kawemba’s dismissal for poor performance was procedurally and substantively unlawful because the employer failed to prove a fair performance process.
The court found that the Claimant's dismissal was both procedurally and substantively unfair. The disciplinary hearing notification listed only two infractions, but the termination letter cited additional grounds that were never communicated or heard, violating the right to a fair hearing. The Respondent failed to provide an investigation report as required by its own internal disciplinary policy, further undermining procedural fairness. The reasons for dismissal were not adequately proven, and the disciplinary committee's recommendations were not implemented. The court held that the dismissa…
Musmenta v United Bank of Africa (Labour Dispute Reference 210 of 2020) [2024] UGIC 41 (11 October 2024)
Court
Industrial Court of Uganda
Case number
Labour Dispute Reference 210 of 2020
Judges
Wabwire Musana, J
The court found that the Claimant's dismissal was both procedurally and substantively unfair. The disciplinary hearing notification listed only two infractions, but the termination letter cited additional grounds that were never communicated or heard, violating the right to a fair hearing. The Respondent failed to provide an investigation report as required by its own disciplinary policy, further breaching procedural fairness. The reasons for dismissal were not proven to the required standard, and the process did not meet statutory or contractual requirements. The dismissal was therefore unla…
Egesa Noah v Attorney General (Civil Suit No. 678 of 2016) [2021] UGHCCD 79 (24 June 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 678 of 2016
Judge
Musa Ssekaana, J
The court found that the plaintiff was not unlawfully dismissed from employment by the defendant but absconded from duty on his own volition. The evidence did not support any formal dismissal, discharge, or resignation from the UPDF. The plaintiff's removal from the payroll and undeployment resulted from his own conduct, specifically absenting himself without leave, which constitutes desertion under military law. Constructive dismissal principles do not apply in this context, as the plaintiff failed to follow due process for resignation or discharge and his conduct breached the UPDF code of c…
The Industrial Court allowed Stanbic Bank’s appeal, finding the dismissal was supported by performance appraisals and that the employee had a fair hearing.
The Industrial Court allowed Stanbic Bank’s appeal, holding that performance appraisals and agreed targets were enough to support dismissal and that the employee had a fair hearing.
Akugizibwe v Barclays Bank (U) Ltd (Labour Dispute 42 of 2014) [2020] UGIC 32 (27 April 2020)
Court
Industrial Court of Uganda
Case number
Labour Dispute 42 of 2014
The court found that the Claimant was not negligent in processing the RTGS transaction, as he relied on the information available in the Respondent's electronic system and followed the procedures required of him. The errors in the customer data were entered by another employee before the Claimant's employment, and the responsibility for verifying the authenticity of the transaction rested with management, who failed to perform their duties. The disciplinary process was procedurally unfair because the Claimant was not given adequate notice of the investigation findings or reasonable time to pr…
Mweru & Another v Uganda Electricity Distribution Company Limited (CIVIL SUITS NO. 270 OF 2011 & NO. 281 OF 2013) [2020] UGHCCD 64 (23 April 2020)
Court
HC: Civil Division (Uganda)
Case number
CIVIL SUITS NO. 270 OF 2011 & NO. 281 OF 2013
Judge
Musa Ssekaana, J
The court found that the defendant breached the principles of natural justice in the process leading to the plaintiffs' termination. The plaintiffs were not given full disclosure of the evidence against them prior to the disciplinary hearing, were not adequately notified of meetings, and no proper investigation was conducted to verify the allegations. The disciplinary process was tainted by procedural irregularities, rendering the termination unlawful. The court held that observance of natural justice is fundamental in employment termination, and failure to do so voids the administrative deci…
Akonye v Libya Oils (Labour Dispute Claim 82 of 2014) [2019] UGIC 44 (19 July 2019)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 82 of 2014
The Industrial Court of Uganda held that the claimant was not on probation and was unlawfully terminated without a hearing. It awarded damages and notice pay.
Bureau Veritas Uganda Limited v Kamugisha (Labour Dispute Appeal No. 25 of 2017) [2018] UGIC 27 (16 November 2018)
Court
Industrial Court of Uganda
Case number
Labour Dispute Appeal No. 25 of 2017
The court found that the respondent admitted to authorizing the issuance of altered tally sheets, which constituted a fundamental breach of his contractual obligations and justified summary dismissal under Section 69 of the Employment Act. Although the employer failed to provide a fair hearing as required by Section 66, the respondent's admission of misconduct rendered the lack of a hearing inconsequential to the lawfulness of the dismissal. The court held that the only remedy available to the respondent was four weeks' net pay as a penalty for failure to provide a hearing, as stipulated by S…
