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6 Sept 2024

Employment And Labour [2024] UGIC 39

Lubega v Tropical Bank Limited (Labour Dispute Reference 354 of 2019)

Lubega v Tropical Bank Limited (Labour Dispute Reference 354 of 2019) [2024] UGIC 39 (6 September 2024)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference 354 of 2019
Judges: Wabwire Musana, J, Namara, Panel Member, Nabirye, Matovu

The respondent unilaterally abolished the claimant's position, compelled him to reapply for a new role, and subsequently demoted him with a drastic salary reduction. These actions constituted a fundamental and repudiatory breach of the employment contract, removing the element of choice and consent from the employment relationship. The respondent failed to act fairly, transparently, or in accordance with fair labour practices, and did not provide adequate notice or justification for the restructuring. The intolerable working conditions created by the respondent's conduct, including the inabil…

Source excerpt

Constructive Dismissal
Unilateral Contract Variation
Severance Pay
Payment In Lieu Of Notice
Unpaid Leave
Certificate Of Service

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4 Nov 2020

Employment And Labour [2020] UGIC 41

Matt v International School of Uganda (Labour Dispute Reference No. 219 of 2017)

Matt v International School of Uganda (Labour Dispute Reference No. 219 of 2017) [2020] UGIC 41 (4 November 2020)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference No. 219 of 2017
Judge: Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that the Claimant's act of taking unpaid leave without authorization, after his request was expressly denied by the head of school, constituted a willful and deliberate refusal to obey a reasonable and lawful instruction. This amounted to insubordination and a fundamental breach of his employment contract. The court held that the Claimant's passion for mountain climbing did not qualify as an extenuating circumstance under his contract to warrant unpaid leave during school time. The Claimant's own admissions and the tone of his communications demonstrated a conscious disregard…