John W.K. Luwiiwi v Uganda Airlines Corporation (Application No. 9 of 1992)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted leave to the applicant to bring a representative action on behalf of 80 other former employees who were declared redundant by Uganda Airlines Corporation. The court was satisfied that service had been effected on the respondent and that the case met the requirements of Order 1 rule 8 of the Civil Procedure Rules for representative actions.
Outcome
Applicant granted leave to proceed with representative action on behalf of 80 former employees
Facts
The applicant, John W.K. Luwiiwi, was a former employee of Uganda Airlines Corporation. On 1 August 1991, the Corporation declared 81 employees, including the applicant, redundant. The Corporation promised in a letter to pay specific redundancy benefits within a reasonable period. The applicant was authorised by 80 other former employees to represent them. To the date of the application, the respondent had failed or neglected to pay the redundancy benefits. The applicant sought leave to bring a representative action under Order 1 rules 8 and 22 of the Civil Procedure Rules on behalf of all 81 affected former employees.
Issues
- Whether the applicant should be granted leave to bring a representative action on behalf of 80 other former employees against the respondent corporation for unpaid redundancy benefits.
Orders
- Application granted.
- Applicant John W.K. Luwiiwi allowed to bring a representative action on behalf of the other 80 employees who were made redundant by the respondent company.
- Costs of this application to be in the cause.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.