The Respondent's suspension of the Claimant without pay exceeded the statutory period and was unlawful under Section 63 of the Employment Act. The subsequent non-renewal of the contract was premised on this unlawful suspension, depriving the Claimant of his right to a fair hearing as required by Section 66. The Respondent failed to provide the Claimant with notice of allegations, an opportunity to defend himself, or access to the investigation report. The deduction of UGX 1,830,000 from the Claimant's remuneration for the lost tyre was not permitted under the Employment Act, especially as the…
Ntalo v Stanbic Bank (Labour Dispute Claim 176 of 2014) [2022] UGIC 82 (25 March 2022)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 176 of 2014
Judge
Ruhinda-Ntengye, J
The Industrial Court of Uganda held that Ntalo Mohammed was unlawfully terminated by Stanbic Bank after an IAT-related fraud issue, and awarded severance and general damages.
The claimant was summarily dismissed without being afforded a hearing or the opportunity to respond to allegations, contrary to Section 66 of the Employment Act and established principles of natural justice. The termination letter was explicit and immediate, lacking procedural fairness. Claims for salary arrears beyond the period worked and for future earnings were denied as speculative. The respondent's obligation regarding the claimant's salary loan was limited to depositing terminal benefits into the nominated bank account, not guaranteeing repayment of the loan. Severance allowance was aw…
The claimant was summarily dismissed without being afforded a hearing or due process as required by Section 66 of the Employment Act, 2006. The termination letter was explicit and immediate, and no disciplinary hearing was held. The respondent's actions were procedurally defective and contrary to established labour law principles. The claimant is entitled to unpaid salary for the period worked, payment in lieu of notice, and severance allowance, but claims for future salary, NSSF benefits, fuel, and airtime were denied for lack of evidence or being speculative. The respondent is not liable fo…
Uganda Telecom Limited (In administration) v Abukhzam (Labour Dispute Appeal No. 36 of 2019) [2021] UGIC 46 (24 September 2021)
Court
Industrial Court of Uganda
Case number
Labour Dispute Appeal No. 36 of 2019
Judge
Ruhinda-Ntengye, J
The Industrial Court upheld findings of unlawful termination, sustained notice pay and severance, reduced leave pay, and set aside some compensation awards.
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…
The Industrial Court of Uganda found the claimant was unfairly dismissed without adequate notice or a fair disciplinary hearing, and awarded notice pay, severance, and general damages.
The court upheld a labour officer’s decision that a series of fixed-term contracts ended lawfully on expiry, dismissing most claims but allowing 20 days’ leave pay.
Tibenkana v London Distillers(U) Limited (Labour Dispute Reference No. 146 of 2019) [2021] UGIC 8 (5 February 2021)
Court
Industrial Court of Uganda
Case number
Labour Dispute Reference No. 146 of 2019
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court of Uganda held that the claimant was constructively dismissed after a transfer that effectively amounted to a demotion and left her without work.