Mbiika v Centinary Bank (Labour Dispute Claim 23 of 2014)
Mbiika v Centinary Bank (Labour Dispute Claim 23 of 2014) [2018] UGIC 11 (20 July 2018)
The court found that the claimant's resignation was not voluntary but precipitated by the respondent's denial of annual leave, which constituted a fundamental breach of contract under section 54 of the Employment Act. The supervisor's conduct, acting with delegated authority from senior management, was deemed to be conduct of the employer for purposes of section 65(1)(c). The respondent's failure to grant leave and subsequent disciplinary actions were unlawful, as the claimant was entitled to take leave and was denied a fair hearing. The court held that the claimant was constructively dismiss…
Source excerpt
- Constructive Dismissal
- Unlawful Termination
- Annual Leave Entitlement
- Severance Allowance
- Salary Loan Reimbursement
- General Damages