Wakilii

Ejong Judith v Makerere Business Institute (Labour Dispute Reference No. 329 of 2017)

Industrial Court · [2026] UGIC 6 · 2026 Claim Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from unfair termination claim following mediation failure at Kawempe Labour Office
Decision
Claimant's claim succeeded; employer ordered to pay notice, severance and general damages for constructive dismissal

Observed later treatment

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Holding

The Industrial Court held that the employer's conduct in forcing the employee to take unpaid leave and refusing to reinstate her after the leave period constituted constructive dismissal under Section 64(1)(c) of the Employment Act. The claimant met both the contractual and reasonableness tests for constructive dismissal. The employer's allegation of abscondment failed because no formal disciplinary process was followed and the employer did not respond to labour officer notifications. The claimant was awarded salary in lieu of notice, severance pay, and general damages.

Outcome

Claimant's claim succeeded; employer ordered to pay notice, severance and general damages for constructive dismissal

Facts

The Claimant was employed as a security guard from February 2012. Following a theft incident involving telecom installations at the employer's premises in September 2017, the employer held meetings to address the vandalism. On 10 September 2017, the Claimant was told not to report for work and was subsequently forced to take two months' leave with only one month's pay. When the leave period ended, the employer refused to allow her to return to work. The Claimant's attempts to contact the employer's Director were unsuccessful. She lodged a labour complaint on 25 September 2017, but the employer did not respond to two notifications from the Labour Officer. The employer alleged the Claimant absconded after being asked to make a police statement, but did not report the incident to police or take any formal disciplinary action.

Issues

  1. Whether the Claimant was terminated, and if so, whether it was lawful?
  2. What remedies are available for the parties?

Orders

  • It is declared that the Claimant was constructively dismissed from employment with the Respondent.
  • The Respondent is ordered to pay the Claimant UGX 500,000/= as notice pay.
  • The Respondent is ordered to pay the Claimant UGX 1,395,838/= as severance pay.
  • The Respondent is ordered to pay the Claimant UGX 2,500,000/= in general damages.

Rules and key headnotes

Constructive Dismissal — Unreasonable Conduct by Employer — Forced Unpaid Leave and Refusal to Reinstate
Under Section 64(1)(c) of the Employment Act, termination is deemed to take place where the contract of service is ended by the employee with or without notice as a consequence of unreasonable conduct on the part of the employer, which is conduct that in accordance with good industrial relations practice no employee could reasonably be expected to accept.
Constructive Dismissal — Tests for Establishing Constructive Dismissal
To succeed in an action for constructive dismissal, an employee must satisfy the contractual test (whether the employer's conduct was grave enough to constitute a repudiatory breach) and the reasonableness test (whether the employer's behaviour was so unreasonable that the employee could not be expected to stay), and must prove a causal link between the employer's conduct and the termination of employment.
Abscondment — Employer's Burden to Prove and Follow Formal Process
Where an employer alleges abscondment, a formal disciplinary process must be followed, and the employer has the duty to establish that it took reasonable steps to contact the employee and to understand the reasons for the desertion or abscondment.
Constructive Dismissal — Resignation Not Required
In an action for constructive dismissal, the employee does not have to prove an actual dismissal but that all the elements of dismissal are present; while an employee reserves the right to resign by letter, in limited circumstances a resignation may be inferred where the employee was prevented from returning to work and lodged a complaint with the Labour Officer.
General Damages — Assessment in Unfair Dismissal Cases
In employment disputes, general damages are awardable in addition to payment of notice and are assessed based on the prospects of obtaining alternative employment, the manner in which services were terminated, the inconvenience and uncertainty of future employment prospects, and compensation for emotional distress, mental anguish, damage to reputation and other non-monetary harm suffered.

Legislation cited (9)

Cases cited (17)

Full judgment

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Ejong Judith v Makerere Business Institute (Labour Dispute Reference No. 329 of 2017) [2026] UGIC 6 (27 February 2026)
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.