Wakilii

Baguma v Mothers to mothers (Labour Dispute Reference 334 of 2019)

Industrial Court · [2023] UGIC 124 · 2023 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from labour complaint seeking declaration of unlawful termination and various remedies
Decision
Claimant's claim for unlawful termination dismissed; fixed-term contract found to have expired lawfully by effluxion of time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that a one-month fixed-term employment contract is lawful under the Employment Act, which does not prescribe a minimum duration for contracts. Where an employee signs a written fixed-term contract containing an express warranty that the contract will not be renewed beyond the termination date, oral evidence of a contrary agreement is inadmissible under the parol evidence rule. A fixed-term contract that expires by effluxion of time is not an unlawful termination and requires no notice, reasons, or hearing. The claimant's claim for unlawful termination and associated remedies was dismissed.

Outcome

Claimant's claim for unlawful termination dismissed; fixed-term contract found to have expired lawfully by effluxion of time

Facts

In November 2018, the claimant was employed by the respondent as a Programs Officer under a written fixed-term contract running from 27 November 2018 to 31 December 2018. The contract expressly stated that the organisation made no representations regarding renewal and that the employee did not expect renewal beyond the termination date. The offer was conditional on the claimant obtaining satisfactory references and a certified academic transcript by 12 December 2018. The claimant signed and accepted the offer on 3 December 2018. The claimant alleged that he had orally agreed to a one-year contract renewable annually, and that the one-month contract was a temporary arrangement pending certification of his academic documents, after which it would be extended to one year. He worked for approximately two weeks before being told to certify his transcript himself. The contract expired on 31 December 2018 and was not renewed. The claimant brought a claim for unlawful termination, payment in lieu of notice, untaken leave, damages for want of fair hearing, repatriation allowance, compensatory order, and general and aggravated damages.

Issues

  1. Whether it is lawful to have a one-month employment contract?
  2. Whether the Claimant was lawfully terminated from his employment by the Respondent?
  3. What are the remedies available to the parties?

Orders

  • Claim dismissed.
  • No orders as to costs.

Rules and key headnotes

Employment & Labour — Fixed-Term Contracts — Lawfulness of Short-Duration Contracts
The Employment Act does not prescribe a minimum duration for employment contracts. The duration of a contract is a matter for agreement between the parties, and an employer is at liberty to determine the duration of the contract. A one-month fixed-term employment contract is not unlawful or invalid merely by reason of its short duration.
Contract Law — Formation of Employment Contracts — Offer and Acceptance
For a contract of employment to come into being, the common law requirements for acceptance of an offer must be satisfied, including consideration, capacity, and legality. The acceptance of an offer must be unequivocal and unqualified, and must conform unconditionally to all the terms of the offer. Where an offeree accepts an offer together with the terms embodied therein, the acceptance must be communicated to the offeror.
Evidence — Parol Evidence Rule — Admissibility of Oral Evidence to Contradict Written Contract
Where the terms of a contract have been reduced into the form of a written document, no evidence shall be given in proof of the terms of such contract except the document itself or secondary evidence of its contents in cases where secondary evidence is admissible. Oral or extrinsic evidence meant to contradict, vary, alter, or add to the express terms of a written agreement is generally inadmissible. The court will confine itself to the four corners of the written document.
Employment & Labour — Termination — Fixed-Term Contracts — Expiry by Effluxion of Time
When a fixed-term employment contract ends by effluxion of time and is not renewed within one week from the date of expiry on the same terms or terms not less favourable to the employee, the contract is terminated in accordance with section 65(1)(b) of the Employment Act. There is no requirement for the employer to give notice, reasons for non-renewal, or a hearing where a fixed-term contract expires by effluxion of the agreed time defining the tenure of the contract.
Contract Law — Employment Contracts — Variation of Terms After Acceptance
Where an employer has made an offer of employment to a job applicant and the offer has been accepted, if later a formal contract is to be signed by the parties and some of the terms embodied in the offer have been altered or varied in the formal contract, those terms may be struck down as unlawful. An employee who voluntarily signs a written agreement cannot approbate and reprobate by later claiming the existence of different oral terms.

Legislation cited (12)

Cases cited (11)

  • Makula International v Cardinal Nsubuga
  • Christopher Madrama Izama v Attorney General (Supreme Court Civil Appeal No. 01 of 2016)
  • Kenya Union of Commercial, Food and Allied Workers v Mwana Blacksmith Limited, Industrial cause No. 928, of 2010
  • Jaffa v Ezemvelo KZN wildlife [2009]30 131 (LC)
  • Agoma v Guinness (Nig) Ltd [1995] 2 NWLR (PT 380)
  • Fofie v Zanyo [1992] 2 GLR 475-561
  • Francis v Imperial Bank [1994] 7CCEL (2nd) 1 (Ont. CA)
  • Kilonzo S/0 Kanyany v Pushotam (1933) 16KLR 44
  • Future Stars Investment (U) Ltd v Nasuru Yusuf (Civil Suit No. 12 of 2017)
  • Abdula Binti & Faiza v Sharifa Mohammed (1959) E. 1035
  • Joseph Tindyebwa and Another v Kabale University (Labour Dispute Reference No. 156 of 2018)

Full judgment

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

Baguma_v_Mothers_to_mothers_(Labour_Dispute_Reference_334_of_2019)_[2023]_UGIC_124_(3_July_2023)
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.