Wakilii

Buyonje Charles v Rakai District Administration (Labour Dispute Claim 232 of 2016)

Industrial Court · [2019] UGIC 21 · 2019 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute claim arising from alleged failure to reinstate former NAADS employee
Decision
Claimant reinstated by consent; claim for salary arrears dismissed; general damages awarded at UGX 3,000,000

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that an employee who voluntarily left direct employment to join the NAADS programme was not entitled to salary arrears for the period between the end of the NAADS contract and eventual reinstatement, as salary is earned only by rendering service. The court awarded modest general damages of UGX 3,000,000 for the Chief Administrative Officer's failure to act promptly on the Solicitor General's advice to forward the claimant's name to the District Service Commission, but found the claimant partly responsible for his predicament by refusing to volunteer while awaiting reinstatement.

Outcome

Claimant reinstated by consent; claim for salary arrears dismissed; general damages awarded at UGX 3,000,000

Facts

The claimant was employed by Rakai District as Assistant Animal Husbandry Officer and confirmed in service on 20 December 2004. On 4 November 2010, he was appointed Sub-county NAADS Coordinator for three years, extended to May 2014. When the NAADS programme was removed from local governments, he applied for reinstatement to his former position. The Ministry of Public Service issued a circular in January 2015 directing that former NAADS staff be reinstated or granted early retirement, treating their NAADS period as leave without pay. The Solicitor General advised the Chief Administrative Officer on 19 September 2016 to forward the claimant's name to the District Service Commission for appropriate action. The respondent reinstated other NAADS employees but not the claimant. On 14 January 2019, the parties consented to reinstatement, leaving only the question of salary arrears and general damages for determination.

Issues

  1. Whether the claimant was entitled to salary arrears from 1 July 2014 to the date of reinstatement.
  2. Whether the claimant was entitled to general damages for the respondent's failure to reinstate him immediately following the Ministry of Public Service circular and Solicitor General's advice.

Orders

  • The claimant is not entitled to salary arrears for the period when he did not render service to the respondent.
  • The claimant is awarded UGX 3,000,000 as general damages.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Salary — Entitlement to Salary Arrears — Requirement of Service Rendered
Salary is a fixed amount of money paid to an employee by an employer for work done as agreed by both parties. Salary arrears arise only where an employee proves that service was rendered but payment was not made, or that the employee failed to work due to the fault of the employer. An employee who voluntarily leaves employment to take up another contract and does not render service during the intervening period is not entitled to salary arrears for that period.
Employment & Labour — Public Service — Leave Without Pay — Retrospective Designation
Where the Ministry of Public Service directs that a period during which an employee was engaged under a separate programme be treated retrospectively as leave without pay, this does not automatically entitle the employee to salary for that period. Leave without pay is ordinarily granted for the employee's personal or career development and does not attract remuneration. The retrospective designation of a period as leave without pay for administrative purposes does not convert it into paid service.
Employment & Labour — Public Service — Salary — Public Service Standing Orders
Under Public Service Standing Orders Chapter B-a sub-section 1, salary is a payment to a public officer during the course of executing duties while in the employment of Public Service. Sub-section 12 provides that payment of salary shall be stopped immediately the officer ceases to render services to government under whatsoever circumstances. An officer who does not render service to government is not entitled to salary for that period.
Damages & Quantum — General Damages — Mitigation of Loss — Duty of Claimant
When deciding whether to grant damages and the quantum thereof, the court considers whether the successful party took steps to mitigate the loss or inconvenience suffered. A claimant who refuses an opportunity to volunteer with the employer while awaiting resolution of reinstatement, when colleagues accepted such an arrangement, fails to mitigate loss and this affects the assessment of damages.
Damages & Quantum — General Damages — Contributory Conduct — Voluntary Departure from Employment
Where an employee voluntarily leaves direct employment to take up another contract without making arrangements for return in the event of lapse of the new employment, this constitutes an oversight on the part of the employee. An employer who did not terminate the employee's contract should not be held wholly responsible for loss or inconvenience caused by the employee's voluntary entry into another employment relationship.
Administrative Law — Failure to Act on Legal Advice — Damages for Administrative Delay
Where the Solicitor General advises a Chief Administrative Officer to forward an employee's name to the District Service Commission for reinstatement or retirement, and the CAO fails to act within a reasonable time, this failure may ground an award of general damages even though it does not entitle the employee to salary arrears. The quantum of such damages will be modest where the employee contributed to the loss by refusing to mitigate and by failing to show that he requested the CAO to act.

Legislation cited (2)

  • Public Service Standing Orders Chapter B-a sub-section 1
  • Public Service Standing Orders Chapter B-a sub-section 12

Cases cited (2)

  • Kayonza Distributors A.G. HCCS 211/2018
  • Bongomin Richard Akai v Attorney General (Labour Dispute Claim No. 036 of 2015)

Full judgment

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

Buyonje_Charles_v_Rakai_District_Administration_(Labour_Dispute_Claim_232_of_2016)_[2019]_UGIC_21_(10_May_2019)
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.