Wakilii

Ayebazibwe v Good Will College Ltd & Anor (Labour Dispute Reference No. 183 of 2015)

Industrial Court · [2018] UGIC 26 · 2018 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from alleged wrongful termination of employment
Decision
Claim dismissed; claimant found guilty of abscondment; specified items to be returned

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that the claimant failed to prove unlawful termination under section 65(1)(c) of the Employment Act. The court found that the claimant absconded from duty after refusing to participate in opening his locked office during a reconciliation meeting. The employer's conduct of locking the office did not constitute constructive dismissal because reconciliation efforts were made and the claimant voluntarily withdrew from the process. The claim was dismissed with no order as to costs.

Outcome

Claim dismissed; claimant found guilty of abscondment; specified items to be returned

Facts

The claimant was employed as head teacher by the respondent school under a contract dated 4 April 2015. On 11 June 2015, while on official duty at UNEB registering students, the claimant was informed that the second respondent had locked his office. On 17 June 2015, he was informed that another head teacher had been recruited. The claimant reported the matter to police. The respondent contended that the claimant was suspended for two weeks for neglecting his office and making it inaccessible, paralyzing school activities. A suspension letter dated 4 June 2015 was produced but the claimant denied receiving it. Relations between the director and head teacher had become strained over management and financial accountability issues. A reconciliation meeting was arranged at Pope Paul Memorial Centre where it was agreed the office would be opened, but the claimant disappeared on the way to the office and did not return to the school thereafter.

Issues

  1. Whether the claimant was unfairly terminated.
  2. Whether the respondent should return the confiscated/locked up properties in the claimant's office.
  3. What other remedies are available to the parties.

Orders

  • Claim dismissed.
  • Items specified and recovered by RW6 to be returned to the claimant.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Termination of Employment — Constructive Dismissal — Section 65(1)(c) of the Employment Act
For an employee to establish constructive dismissal under section 65(1)(c) of the Employment Act, the conduct of the employer must be illegal, injurious to the employee, and make it impossible for the employee to continue working. The conduct must amount to a serious breach and not a minor trivial incident.
Employment & Labour — Suspension — Service of Suspension Letter — Burden of Proof
Where an employer alleges that an employee was suspended, the burden lies on the employer to prove that the suspension letter was served on and acknowledged by the employee. In the absence of evidence of service, the court will not accept that a valid suspension occurred.
Employment & Labour — Abscondment from Duty — Employee Conduct
An employee who refuses to participate in a reconciliation meeting arranged by the employer, disappears on the way to opening a locked office, and thereafter does not appear at the workplace or attempt to contact the employer, is guilty of absconding from duty.
Employment & Labour — Constructive Dismissal — Employer's Reconciliation Efforts
Where an employer makes genuine attempts at reconciliation following a dispute with an employee, such efforts may absolve the employer from liability for constructive dismissal under section 65(1)(c) of the Employment Act, particularly where the employee refuses to participate in the reconciliation process.

Legislation cited (9)

Cases cited (2)

  • Nyakabwa J. Abwooli v Security 2000 Ltd (Labour Dispute Case No. 108 of 2014)
  • Mbiika Dennis v Centenary Bank (Labour Dispute Case No. 023 of 2014)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ayebazibwe_v_Good_Will_College_Ltd_&_Anor_(Labour_Dispute_Reference_No._183_of_2015)_[2018]_UGIC_26_(27_July_2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.