Daniel Kyamugisha v Mutungo Executive Hotel Ltd and Uganda Revenue Authority (Civil Suit No. 285 of 2019) [2025] UGHC 293 (14 April 2025)
Court
High Court of Uganda
Case number
Civil Suit No. 285 of 2019
Judge
Boniface Wamala, J
The plaintiff was employed by the 2nd defendant on a probationary contract that expressly allowed for termination without notice or hearing upon unfavorable background checks. The 2nd defendant conducted background checks, including soliciting information from the 1st defendant, which led to the plaintiff's dismissal. The court found that the contract was a probationary one as defined by the Employment Act, and the dismissal was lawful under both the contract and the statute. The plaintiff was given an opportunity to respond to the allegations, satisfying the requirements of natural justice u…
The Industrial Court dismissed Stanbic Bank Uganda Ltd’s application for leave to appeal, holding that it failed to identify specific questions of fact requiring review.
The court found that the Claimant was dismissed for alleged poor performance and misconduct, but the Respondent failed to provide a fair and proper disciplinary hearing as required by Section 65 of the Employment Act and established case law. The purported hearing by email correspondence did not meet the legal standard for a fair hearing, especially given the gravity of the allegations. The Respondent also breached its own internal procedures. The absence of an oral or physical hearing, failure to notify the Claimant of the specific allegations, and denial of an opportunity to defend himself…
The Industrial Court held that the Claimants’ collective redundancy by Makerere University Business School was unlawful for failure to notify the Labour Commissioner.
Ahweera v Attorney General (Misc Cause 102 of 2023) [2024] UGHCCD 194 (31 October 2024)
Court
HC: Civil Division (Uganda)
Case number
Misc Cause 102 of 2023
Judge
Nambayo, J
The High Court held that Ahweera Stephen’s discharge from the Uganda Police Force was unlawful for want of a hearing, quashed the discharge, and awarded salary arrears and costs.
Ahweera v Attorney General (Miscellaneous Cause 102 of 2023) [2024] UGHCCD 193 (31 October 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 102 of 2023
Judge
Nambayo, J
The High Court held that Ahweera Stephen was dismissed from the Uganda Police Force without a hearing, quashed the discharge, and awarded salary arrears and costs.
The Labour Officer, having initiated mediation proceedings, lacked jurisdiction to render an arbitral decision without the parties' consent and without following the procedural requirements for arbitration or adjudication. The absence of pleadings, sworn evidence, and proper procedural safeguards rendered the Labour Officer's decision a nullity. The Industrial Court reaffirmed that mediation and arbitration/adjudication are distinct processes under the Employment Act, and their conflation constitutes a procedural error and a travesty of justice. Consequently, the Labour Officer's decision was…
Semanda v Micro Credit for development and Transformation Cooperative Savings and Credit (MCDT Saaco ) Limited (Labour Dispute Reference 122 of 2021) [2024] UGIC 56 (16 August 2024)
The court upheld a wrongful dismissal finding, holding the claimant was not heard before summary dismissal and awarding general and aggravated damages.
Rwambale v Garfield Institute of Technology (Labour Dispute Reference 8 of 2022) [2024] UGIC 24 (26 June 2024)
Court
Industrial Court of Uganda
Case number
Labour Dispute Reference 8 of 2022
Judges
Wabwire Musana, J, Bigirimana penal member, Matovu, Panel Member
The court found that the Respondent failed to comply with both procedural and substantive fairness requirements under the Employment Act, 2006. There was no evidence of notification or a disciplinary hearing prior to dismissal, and the reasons for termination were not proven through a fair process. The termination letter contained allegations but did not reference any hearing or opportunity for the Claimant to respond. The Respondent's absence and failure to challenge the Claimant's evidence further supported the finding of unlawful dismissal. The court held that the Claimant was entitled to…