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 Respondent failed to provide evidence of the alleged fundamental breach by the Claimant and did not accord him a fair hearing prior to dismissal. Both substantive and procedural requirements for lawful termination under Ugandan law were not met. The Respondent's reliance on the sensitivity of the case did not justify bypassing the right to be heard, and no proof was adduced regarding the confidential information or the third parties involved. Consequently, the summary dismissal was both substantively and procedurally unlawful. The Claimant was entitled to remedies, in…
The Industrial Court of Uganda held that the claimant did not prove he was terminated, finding instead that he absconded from duty. The claim was dismissed with no order as to costs.
The court found that the claimant was constructively dismissed because the respondents appointed a new headteacher during the subsistence of the claimant's employment, instructed him to hand over office, and failed to provide a hearing or notice. The respondents' conduct amounted to a fundamental breach of the employment contract, demonstrating they no longer wished to be bound by its terms. The court rejected the respondents' argument of abscondment, noting the lack of evidence, absence of disciplinary proceedings, and the claimant's known whereabouts. The court held that all elements of dis…
The Industrial Court partly granted leave to appeal, allowing only some proposed grounds that arose from the Labour Officer’s decision and rejecting preliminary grounds.
Awidi v Uganda Revenue Authority (Miscellaneous Cause 322 of 2021) [2024] UGHCCD 4 (9 January 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 322 of 2021
Judge
Boniface Wamala, J
The High Court quashed URA’s dismissal of an employee for procedural impropriety and irrationality, holding that fair hearing and natural justice were breached.
Awidi v Uganda Revenue Authority (Misc Cause 322 of 2021) [2024] UGHCCD 11 (9 January 2024)
Court
HC: Civil Division (Uganda)
Case number
Misc Cause 322 of 2021
Judge
Boniface Wamala, J
The High Court quashed URA’s dismissal of an employee for procedural unfairness, finding no valid probationary bar to a fair hearing and awarding UGX 80 million.
The court found that the Respondent failed to comply with both procedural and substantive requirements for termination under the Employment Act. The evidence did not support that the Claimant was properly served with disciplinary hearing notices, nor that the alleged misconduct was investigated and verified at the time of termination. The Respondent did not provide a justifiable reason for withholding work or prove the allegations existed at the relevant time. The court held that the termination was both procedurally and substantively unlawful, entitling the Claimant to remedies including pay…
