The Industrial Court refused leave to amend a labour claim because the proposed amendments introduced new causes of action not referred by the labour officer.
The Industrial Court found that the referral of the dispute to it was procedurally improper due to significant irregularities and lack of clarity in the record. There was no credible evidence of an administrative transfer of the file between Labour Officers, and the records did not support the assertion that the original Labour Officer was functus officio. The Court determined that both the prosecution and management of the dispute before the Labour Officers were deficient, with unexplained gaps and unsupported assertions regarding the handling and transfer of the file. As a result, the decis…
Asiimwe v Crown Beverages Limited & Another (Miscellaneous Application 1197 of 2023) [2024] UGCommC 45 (25 March 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1197 of 2023
Judge
Harriet Grace Magala, J
The High Court granted leave to issue a third party notice, finding the applicant had shown an arguable indemnity claim arising from wrongful dismissal and a loan dispute.
Kyeyune and 10 Others v National Medical Stores (Civil Suit 99 of 2008) [2024] UGHCCD 1 (5 January 2024)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit 99 of 2008
Judge
Nambayo, J
The High Court held that National Medical Stores unlawfully terminated the plaintiffs’ employment and awarded special and general damages, plus costs and interest.
The court held that the applicant, having expressly undertaken in writing to bear the tax liability on the decretal amount and having paid the tax to URA, is estopped from seeking recovery of that tax from the respondent. The court distinguished between taxable employment income and non-taxable awards such as damages and severance, finding that only payment in lieu of notice was taxable, and that the applicant had already discharged the tax obligation. On the issue of set-off, the court found that the applicant did not plead or prove the loan set-off in the main claim, nor did it adduce evide…
Mugisha v Attorney General (HCT-01-CV-CS 34 of 2012) [2023] UGHCCD 196 (28 April 2023)
Court
HC: Civil Division (Uganda)
Case number
HCT-01-CV-CS 34 of 2012
Judge
Mugabo, J
The plaintiff was dismissed from Uganda Prisons Service for desertion after 19 days of absence, contrary to the statutory requirement of 21 days under Section 47 of the Prisons Act 2006. Although the plaintiff was not afforded a fair hearing prior to dismissal, his conduct constituted multiple breaches of public service law, including unauthorized absence and holding two full-time public offices concurrently. The court found that while the dismissal was procedurally flawed, the plaintiff's own misconduct and abuse of the system precluded substantive remedies. The only appropriate relief was n…
MTN (U) v Ndemirweki (Civil Appeal No. 291 of 2016) [2023] UGCA 99 (17 March 2023)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 291 of 2016
Judge
Kibeedi Mutangula, JA, Gashirabake, JA, Musoke, JA
The Court of Appeal partly allowed an employment appeal, upheld liability for unfair dismissal, reduced general damages, set aside exemplary damages, and lowered interest.
Avako v Uganda Midwives Union (Labour Dispute Reference No. 168 of 2017) [2022] UGHCCD 289 (20 October 2022)
Court
HC: Civil Division (Uganda)
Case number
Labour Dispute Reference No. 168 of 2017
Judge
Musa, J
The court found that the Claimant was indeed employed by the Respondent, Uganda Nurses and Midwives Union, even after the Wellness Centre was registered as a separate company, as there was no evidence of transfer of employment. However, the court held that the Respondent lawfully required all staff to reapply for their positions due to donor funding withdrawal and organizational restructuring. The Claimant, despite being notified and given the opportunity, failed to reapply, which the court interpreted as her voluntarily terminating her own employment. The Respondent's actions were found to b…
The Industrial Court refused to extend time for Guaranty Trust Bank to appeal a Labour Officer’s award, finding inordinate delay, lack of diligence, and no sufficient cause.
Waiswa v Rift Valley Rail ways(U) Limited (Labour Dispute Reference No. 329 of 2017) [2021] UGIC 9 (5 February 2021)
Court
Industrial Court of Uganda
Case number
Labour Dispute Reference No. 329 of 2017
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The Industrial Court dismissed a labour claim against Uganda Railways Corporation, finding no cause of action was disclosed after the claimant was employed and dismissed by another entity.