Ssemwezi v Kyankwanzi District Local Government & Another (Miscellaneous Cause 2 of 2024) [2024] UGHC 1194 (16 December 2024)
Court
High Court of Uganda
Case number
Miscellaneous Cause 2 of 2024
Judge
Karemani Jamson K, J
The High Court dismissed a judicial review challenge to the dismissal of a nursing officer, holding that the applicant had been given a fair hearing and due process.
The court found that the claimant was lawfully summarily dismissed for taking leave without authorization, which constituted a fundamental breach of his employment contract. The evidence showed a pattern of absenteeism and misconduct, with the claimant admitting to several infractions and receiving multiple warnings and a suspension as disciplinary penalties. The suspension without half pay was lawful as it was a disciplinary, not investigative, suspension. The claimant's assertion of verbal permission for leave was not credible, and he failed to prove entitlement to increased remuneration, g…
Kyeyune and 10 Others v National Medical Stores (Civil Suit 99 of 2008) [2024] UGHCCD 1 (5 January 2024)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit 99 of 2008
Judge
Nambayo, J
The High Court held that National Medical Stores unlawfully terminated the plaintiffs’ employment and awarded special and general damages, plus costs and interest.
The court found that the Claimant was aware of the Respondent's business downsizing and actively participated in retrenchment processes. Upon receiving notice of termination, the Claimant negotiated terms and signed a separation agreement, receiving agreed benefits. The evidence did not support claims of coercion, fraud, or duress; the Claimant exercised free will and consent in executing the agreement. Exclusion clauses barring access to statutory remedies or the court were held void under Section 4 of the Employment Act. The Claimant was estopped from denying the validity of the separation…
The court found that the claimant was terminated in 2002 during a restructuring process and paid all his benefits. Subsequent engagement by the respondent was on a voluntary, as-needed basis, with payment for specific services rendered, not on the original full-time employment terms. There was no evidence of salary payment or demand for salary by the claimant after 2002, nor was there a letter of reinstatement. References to the claimant as Union Secretary and issuance of identity cards were deemed facilitative for occasional work, not indicative of full employment status. The assignment of d…
The Industrial Court dismissed an employer’s appeal and upheld the labour officer’s award, finding no basis to interfere where no submissions supported reversal.
Birungi v The Management Committee of Kamapla Quality Primary School (Labour Dispute Reference No. 15 of 2019) [2021] UGIC 17 (3 March 2021)
Court
Industrial Court of Uganda
Case number
Labour Dispute Reference No. 15 of 2019
Judge
Ruhinda-Ntengye, J, Mavunwa, Panel Member, Tumusiime-Mugisha, J, Bwire, Panel Member
The Industrial Court held that the teacher’s dismissal for alleged exam malpractice was lawful, finding the disciplinary process fair enough and the claim dismissed.
Emau & 5 Ors v Ketron Development Services Ltd (Labour Dispute Reference No. 179 of 2017) [2020] UGIC 3 (21 February 2020)
Court
Industrial Court of Uganda
Case number
Labour Dispute Reference No. 179 of 2017
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The court found that the claimants were employed under fixed-term contracts that were renewed periodically. Upon suspicion of misconduct, the claimants were placed on administrative leave and subsequently informed that their contracts, which were due to expire, would not be renewed. Applying Section 65 of the Employment Act and relevant case law, the court held that termination occurred by operation of law upon expiry of the contract term, and the respondent was not required to provide notice or conduct a disciplinary hearing. The claimants' contracts were lawfully terminated, and no remedies…
Nantayi v Marie Stopes Uganda (Labour Dispute Claim 193 of 2014) [2019] UGIC 28 (9 August 2019)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 193 of 2014
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The court found that the claimant was not given sufficient notice or opportunity to prepare for her defense, as required by both the Employment Act and the respondent's Human Resource Manual. The disciplinary process was tainted by procedural irregularities, including lack of impartiality and failure to present investigation results to the claimant. The evidence relied upon by the respondent, including whistle blower statements and the audit report, was not properly verified or presented by competent witnesses. The chairperson of the disciplinary committee was also the author of the audit rep…