Wakilii

Donald Wangi v People Performance Group Limited (Labour Dispute Claim 5 of 2018)

Industrial Court · [2022] UGIC 64 · 2022 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute claim arising from alleged unfair dismissal during probationary period
Decision
Claim of unlawful dismissal dismissed; claimant awarded statutory notice pay only

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that dismissal during a probationary period does not require a hearing under Section 67 of the Employment Act, which curtails the right to be heard that would otherwise apply under Section 66. Where an employee is terminated within the six-month probationary period, the dismissal is lawful provided the employer complies with notice requirements. The claimant was entitled only to two weeks' wages in lieu of notice.

Outcome

Claim of unlawful dismissal dismissed; claimant awarded statutory notice pay only

Facts

The respondent employed the claimant as an Optimization Engineer on 21 July 2015 for one year at a monthly salary of UGX 5,627,399, subject to statutory deductions. The contract contained probationary terms allowing termination by either party on two weeks' notice during probation. The claimant was tasked with a duty and sought assistance from an employee of another service provider. The respondent alleged that the claimant approached an employee in a competitive business and granted access to the respondent's systems, causing the MTN network to shut down for three hours and resulting in loss. The claimant was terminated on 23 November 2015, four months after commencement of employment and within the probationary period. The claimant contended he was dismissed summarily without a hearing or notice contrary to law, and that the dismissal was against the advice of his supervisor and the Human Resource officer.

Issues

  1. Whether the claimant was unfairly, wrongfully or illegally dismissed.
  2. What remedies, if any, are available to the claimant.

Orders

  • Claim of unlawful dismissal dismissed.
  • Claimant awarded UGX 1,406,849.75 as two weeks' wages in lieu of notice in accordance with Section 67(4) of the Employment Act.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Probationary Employment — Dismissal During Probation — Right to Be Heard
Section 67 of the Employment Act curtails the right to be heard during dismissal of an employee on a probationary contract, and Section 66 (which provides for the right to be heard) does not apply to termination of probationary contracts.
Employment & Labour — Probationary Employment — Maximum Duration of Probation
The maximum period of probation under the Employment Act is six months, which may be extended for a further period of not more than six months with the agreement of the employee, and where a contract does not specify the probationary period, the statutory maximum applies.
Employment & Labour — Probationary Employment — Notice Requirements on Termination
A probationary contract may be terminated by either party by giving not less than fourteen days' notice of termination, or by payment by the employer to the employee of seven days' wages in lieu of notice, and an employee terminated during probation without notice is entitled to two weeks' wages in lieu.

Legislation cited (6)

Full judgment

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

Donald_Wangi_v_People_Performance_Group_Limited_(Labour_Dispute_Claim_5_of_2018)_[2022]_UGIC_64_(25_February_2022)
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.