The Industrial Court dismissed a Kenyan employee’s labour claim after finding his employment in Uganda was illegal because he lacked a valid work permit.
Mubinja v The Board of Trustees of Uganda Golf Club & 6 Ors (Labour Dispute 189 of 2014) [2018] UGIC 12 (26 March 2018)
Court
Industrial Court of Uganda
Case number
Labour Dispute 189 of 2014
The Industrial Court struck out the 1st respondents for no pleaded cause of action, but rejected objections on contract attestation and work-permit illegality.
The Supreme Court found that a valid written contract of employment existed between the appellant and the respondent, evidenced by documentary and conduct-based admissions, and that the respondent's subsequent denial was not credible. The respondent, having acted as employer and fulfilled contractual obligations, was estopped from denying the contract. The appellant was legally employed, as the responsibility to obtain a work permit lay with the respondent, and any delay or omission was attributable to the respondent, not the appellant. The purported extensions of the probation period were ou…