[2023] UGIC 11

[2023] UGIC 11

The court found that the Respondent failed to ensure procedural fairness in the termination process, as there was insufficient credible evidence that the Claimant was properly served with invitations to disciplinary hearings. The Claimant was denied access to the Respondent's premises and the Stock Manager, who...

Source-derived case information.

Citation
[2023] UGIC 11
Parties
Claimant: Mandela Sulaiman; Respondent: Royal Mabati Uganda Ltd
Court
Industrial Court of Uganda
Jurisdiction
Uganda
Case Number
Labour Dispute Reference 161 of 2021
Procedural Posture
Labour Dispute Reference / Final Award
Outcome
Claimant succeeded; termination declared unlawful; monetary and non-monetary remedies awarded.
Judges
Wabwire Musana, J, Musimbi, Panel Member, Nabirye, Lapenga
Legal Topics
Unlawful Termination, Procedural Fairness, Substantive Fairness, Severance Allowance, General Damages, Disciplinary Hearing
Source Language
en
Employment and Labour Unlawful Termination Procedural Fairness Substantive Fairness Severance Allowance General Damages Disciplinary Hearing

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Parties

Mandela Sulaiman

Claimant

Royal Mabati Uganda Ltd

Respondent

Procedural Posture

Labour Dispute Reference / Final Award

  1. 1 Whether the termination of the Claimant was lawful.
  2. 2 What remedies are available to the parties.

Ratio Decidendi

The court found that the Respondent failed to ensure procedural fairness in the termination process, as there was insufficient credible evidence that the Claimant was properly served with invitations to disciplinary hearings. The Claimant was denied access to the Respondent's premises and the Stock Manager, who allegedly served the invitations, did not testify. The Respondent did not produce call logs or evidence of attempts to contact the Claimant. The court also found that substantive fairness was lacking, as the Respondent did not provide an audit or investigation report to substantiate the allegations leading to termination. The infractions cited were largely past misdeeds for which...

Court Disposition

Claimant succeeded; termination declared unlawful; monetary and non-monetary remedies awarded.

Orders

  • It is declared that the Claimant was unlawfully terminated from employment with the Respondent.
  • The Respondent is ordered to pay to the Claimant UGX 773,000 as full salary for October 2020.