[2021] UGIC 66
The court found that the respondent failed to submit any computation or contest the applicants' calculations despite being given multiple opportunities. In the absence of any challenge, the court accepted the applicants' computation as correct and endorsed the amounts claimed as owing to the applicants in accordance...
Source-derived case information.
- Citation
- [2021] UGIC 66
- Parties
- Applicant: Waiswa Polycap; Applicant: Tembo Louis; Applicant: Mugabi Apollo; Applicant: Nzabamwita Bruno; Applicant: Lutwama Moses; Applicant: Okwera Jimmy; Applicant: Bamanyire Winfred; Applicant: Jarua Jane; Applicant: Maguya Milton; Applicant: Nakityo Teopista; Applicant: Balinda Jolly K.; Applicant: Twinomugisha Denis; Applicant: Rwekikiga Asiimwe; Respondent: Attorney General
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application No. 26 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
- Legal Topics
- Gratuity Entitlement, Emoluments Calculation, Interest on Awards, Failure to Contest Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Waiswa Polycap
Applicant
Tembo Louis
Applicant
Mugabi Apollo
Applicant
Nzabamwita Bruno
Applicant
Lutwama Moses
Applicant
Okwera Jimmy
Applicant
Bamanyire Winfred
Applicant
Jarua Jane
Applicant
Maguya Milton
Applicant
Nakityo Teopista
Applicant
Balinda Jolly K.
Applicant
Twinomugisha Denis
Applicant
Rwekikiga Asiimwe
Applicant
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicants' computation of emoluments should be endorsed and confirmed by the court.
- 2 Whether the respondent's failure to contest the computation entitles the applicants to the amounts claimed.
- 3 Whether interest on the balance payable is applicable as per the previous award.
Ratio Decidendi
The court found that the respondent failed to submit any computation or contest the applicants' calculations despite being given multiple opportunities. In the absence of any challenge, the court accepted the applicants' computation as correct and endorsed the amounts claimed as owing to the applicants in accordance with the previous award. The court reaffirmed that interest at 21% from 2012 until payment in full applies to any balance payable, as previously ordered. The application was allowed in full, with no order as to costs.
Court Disposition
application allowed
Orders
- The applicants' computation of emoluments is endorsed and confirmed as the correct computation owing to the applicants in Labour Dispute Ref. 054/2015.
- Any balance payable shall attract interest at 21% from the year 2012 until payment in full.
Full Case Text
Judgment text and source record
32 paragraphs
# **THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA MISC. APPL. NO. 026 OF 2020 [ARISING FROM LDR NO. 054/2015 & MGLSD 276/2015]**
# **1. WAISWA POLYCAP**
- **2. TEMBO LOUIS** - **3. MUGABI APOLLO** - **4. NZABAMUITA BRUNO** - **5. LUTWAMA MOSES** - **6. OKWERA JIMMY** - **7. BAMANYIRE WINFRED** - **8. JARUA JANE** - **9. MAGUYA MILTON** - **10. NAKITYO TEOPISTA** - **11. BALINDA JOLLY K.** - **12. TWINOMUGISHA DENIS** - **13. RWEKIKIGA ASIIMWE……………..…………………………………………….. APPLICANT**
**VERSUS**
**ATTORNEY GENERAL.……………………………………………….…….……………RESPONDENT**
# **BEFORE**
- 1. Hon. Chief Judge Ruhinda Asaph Ntengye - 2. Hon. Lady Justice Linda Tumusiime Mugisha
# **PANELISTS**
- 1. Ms. Adrine Namara - 2. Mr. Matovu Michael - 3. Ms. Susan Nabirye
#### **RULING**
This is an application filed by the applicants that seeks endorsement and confirmation of figures calculated as emoluments accruing to the claimants in accordance with the ruling of this court in labour reference No. 054/2015.
#### **REPRESENTATIONS**
Mr. Amos Musheija of M/s. Kakuru & Co. Advocates represented the applicants while M/s. Jackie Amusugot of Attorney General's Chambers represented the respondent.
The background of this application is that the applicants filed Labour dispute reference 054/2015 seeking for gratuity, medical allowance, leave allowance, exgratia, transport allowance and payment in lieu of notice.
This court in its Award delivered on 8/11/2016 held that the claimants were entitled to
- (a) 30% of salary earnings of each 3-year period served. - (b) Allowance sufficient for transporting each officer to his/her village. - (c) 05% of gross earnings for the total period served by the time of retirement. - (d) 10% of annual salary for the year each of the claimants went on leave and the same % for those who applied but were denied leave. - (e) 3 months' salaries in lieu of notice.
In addition to the above the court held that "**if after calculating the benefits accruing to the claimants in accordance with this Award it is found that the claimants were paid less than the awarded amounts, the balance payable shall attract interest at 21% from the year 2012 until payment in full".**
The above Award took into consideration the amount already paid to each of the claimants and therefore required the respondent to calculate the amount due to each of the claimants in accordance with the Award given that each of them had been paid part of the money.
According to the affidavit in support of this application the respondent was requested to submit her computations of the monies accruing to the claimants in accordance with the Award but the respondent ignored the request and when the applicants submitted their own calculations the respondent neither opposed nor rejected the same.
The application was served onto the respondent and on 7/4/2021 M/s. Jackie Amusugat appeared for the respondent and she applied for court's indulgence to file an affidavit in reply which this court granted and gave the respondent up to 28/4/2021 and the matter was adjourned 4/5/2021 for mention/settlement out of court.
On 4/5/2021 the respondent was absent in court and there was (and still there is) no affidavit in reply on the court record. When Mr. Mushaija for the applicant prayed court to allow the application since it was not challenged, court decided to fix the 28/5/2021 for quorum discussion and 25/06/for a ruling.
The claimants having conceded in Labour Dispute Ref. 054/2015 to have received money which the respondent claimed was full and final payment of their gratuity, they disputed the calculations and thus court made an Award as indicated above. We have perused copies of the letters attached to the application marked **"B1"** and **"B2"** respectively to the effect that the respondent be able to compute what was owed to the applicants in accordance with the Award.
The respondent did not offer any computation. These letters were received by the Attorney General's Chambers on 15/12/2016 and 19/1/2017 respectively. When the application was filed on 20/2/2020 for the court to take the applicant's computation as the correct computation, it was expected that the respondent would file a reply contesting the computation which they did not. When they appeared on 7/4/2021 and court gave them an opportunity to file a reply, none was forthcoming and by the time of writing this Award no reply is on record.
Having perused the application and the affidavit in support and in the absence of any affidavit in reply to challenge the computation by the applicants, we have no reason not to allow the application. The computations as presented by the applicants are allowed as owing to the applicants in Labour Dispute Ref. 054/2015 and for avoidance of doubt they are as follows:
# **1. WAISWA POLYCAP - 37,437,836=**
| 2. | - | |-------------------------------|------------------| | TEMBO LOUIS | 26,807,758= | | 3. | - | | MUGABI APOLLO | 31,954,872= | | 4. | - | | NZABAMWITA BRUNO | 36,588,563= | | 5. | - | | LUTWAMA MOSEs | 36,401,022= | | 6. | - | | OKWERA JIMMY | 26,724,527= | | 7.<br>BAMANYA<br>WINFRED<br>- | 30,693,382= | | 8. | - | | JURUA ANDREW | 27,972,836= | | 9. | - | | MAGUYA MILTON | 27,972,580= | | 10. NAKITYO TEOPISTA | -<br>25,170,835= | | 11. BALINDA J<br>K.<br>- | 23,785,915= | | 12. TWINOMUGISHA DENIS | -<br>37,066,056= | | 13. RWEKIKIGA ASIIMWE | -<br>60,933,137= |
In conclusion the application succeeds in the above terms with no orders as to costs.
# **Delivered & signed by:**
| 1. | Hon. Chief Judge Ruhinda Asaph Ntengye | ………………………. | |----|-------------------------------------------|------------| | 2. | Hon. Lady Justice Linda Tumusiime Mugisha | ………………………. |
### **PANELISTS**
| 1. | Ms. Adrine Namara | ………………………. | |----|--------------------|------------| | 2. | Mr. Matovu Michael | ………………………. | | 3. | Ms. Susan Nabirye | ………………………. |
Dated: **02/0702021**