Wakilii

Bosa v Post Bank (U) Ltd (Labour Dispute Reference No. 79 of 2018)

Industrial Court · [2020] UGIC 33 · 2020 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference from labour officer's award for determination of damages claim
Decision
Claim partially succeeded. Claimant awarded general damages of UGX 35,000,000 with interest at 15% per annum from date of award until payment in full. Aggravated and exemplary damages denied.

Observed later treatment

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Holding

The Industrial Court held that a labour officer may refer a claim for damages to the Industrial Court where the officer believes the dismissed employee deserves more than the compensation prescribed under section 78 of the Employment Act. The claimant, who was unlawfully terminated after 9 years and 10 months of service, was awarded general damages of UGX 35,000,000 with interest at 15% per annum. Claims for aggravated and exemplary damages were denied for lack of proof. No order as to costs was made.

Outcome

Claim partially succeeded. Claimant awarded general damages of UGX 35,000,000 with interest at 15% per annum from date of award until payment in full. Aggravated and exemplary damages denied.

Facts

The claimant was employed by the respondent bank for 9 years and 10 months. He was summoned to a disciplinary hearing on the same day he was interrogated about his relationship with his supervisor. He prepared his defence but the hearing did not take place. After almost 50 days, he was served with a termination notice. A labour officer found the termination unfair, unlawful, orchestrated and malicious, and awarded remedies under the Employment Act. The labour officer referred the claim for damages to the Industrial Court, stating he had no jurisdiction to award general damages. At the time of termination, the claimant was earning UGX 1,200,000 per month and was 36 years old. He had an outstanding loan with the respondent whose interest was increased after termination. He established a small business to mitigate his loss.

Issues

  1. Whether the reference for damages was properly before the Industrial Court.
  2. Whether the claimant was entitled to general damages against the respondent.
  3. Whether the claimant was entitled to aggravated damages against the respondent.
  4. Whether the claimant was entitled to costs of the labour dispute.

Orders

  • The claimant is awarded general damages of UGX 35,000,000.
  • Interest at 15% per annum is awarded from the date of the award until payment in full.
  • No order as to costs is made.
  • Claims for aggravated damages and exemplary damages are denied.

Rules and key headnotes

Employment & Labour — Jurisdiction — Labour Officer's Power to Refer Damages Claims to Industrial Court
Where a labour officer believes that a dismissed employee deserves more compensation than the officer is empowered to award under section 78 of the Employment Act 2006, the officer has the option to refer the issue of damages to the Industrial Court for determination, notwithstanding the absence of an explicit statutory provision authorising such reference.
Civil Procedure — Substantive Justice — Application of Article 126(2)(e) of the Constitution
In the interest of substantive justice as provided under Article 126(2)(e) of the Constitution of Uganda, courts are empowered to entertain references from labour officers for determination of damages even where the law does not explicitly provide for such references, provided nothing in the law precludes the labour officer from making the reference.
Damages & Quantum — General Damages — Unlawful Termination of Employment
Where an employee is unlawfully dismissed, the employee is entitled to general damages which are not limited by the notice period but are computed at the discretion of the court based on the merits of each case, taking into account factors such as length of service, salary at termination, and the circumstances of dismissal.
Damages & Quantum — Aggravated Damages — Burden of Proof
Aggravating circumstances justifying an award of aggravated damages must be proved by evidence; submissions of counsel alone are not sufficient to establish the basis for such an award.

Legislation cited (10)

Cases cited (15)

  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Byarugaba Kairra v Africa Field Epidemiology Network (Labour Dispute Reference No. 131 of 2018)
  • Rwabinumi v Bahimbisomwe (Supreme Court Civil Appeal No. 10 of 2008)
  • Kuteesa and 2 Others v Attorney General (Constitutional Reference No. 54 of 2011)
  • Netis Uganda v Walakira (Labour Dispute No. 22 of 2016)
  • Kisseka v St Raphael of St Francis Hospital (Labour Dispute Appeal No. 019 of 2015)
  • Action Aid Uganda v Tibekinga (Labour Dispute Appeal No. 028 of 2016)
  • Robert Coussens vs Attorney general
  • Uganda v Tinkamanyire (Supreme Court Civil Appeal No. 12 of 2007)
  • Barclay Bank of Uganda v Mubiru (Court of Appeal No. 1 of 1998)
  • Vires v National Dock Labour Board [1958] 1 QB 658
  • Stanbic Bank v Kakooza Mutale (Court of Appeal No. 2 of 2010)
  • Obongo v Kisumu Council [1971] EA 96
  • Bank of Uganda v Tinkamanyire (Court of Appeal No. 12 of 2007)
  • Zaabwe v Orient Bank and 5 Others (Court of Appeal No. 4 of 2006)

Full judgment

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

Bosa_v_Post_Bank_(U)_Ltd_(Labour_Dispute_Reference_No._79_of_2018)_[2020]_UGIC_33_(11_March_2020)
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.