Wakilii

Kitaka v Aim Distributors Ltd (Labour Dispute Reference No. 75 of 2017)

Industrial Court · [2018] UGIC 7 · 2018 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from Labour Dispute No. 246/2016 claiming damages for unlawful termination
Decision
Claim dismissed — claimant failed to prove continuous engagement as required by Employment Regulations and failed to prove termination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that a worker employed on a casual basis from November 2012 to December 2013 did not prove continuous engagement for four months as required by regulation 39 of the Employment Regulations 2011, and therefore remained a casual labourer not entitled to statutory protections for permanent employees. The claimant also failed to prove termination. Claim dismissed.

Outcome

Claim dismissed — claimant failed to prove continuous engagement as required by Employment Regulations and failed to prove termination

Facts

The claimant worked at the respondent's depot from November 2012. He claimed he was employed as a store keeper earning 920,000 UGX per month (salary and allowances). The respondent contended he was a casual worker paid daily as and when work was available. A payment voucher dated 7 December 2013 showed payment of 240,000 UGX for 16 days. The claimant alleged he was orally dismissed on 18 January 2014 after standing surety for his brother. The respondent stated the claimant was last seen on 7 December 2013 when he received his last payment and never returned to work. The claimant sought damages for unlawful termination and statutory entitlements.

Issues

  1. Whether the claimant was terminated from work.
  2. Whether the claimant was entitled to the remedies sought.

Orders

  • Claim dismissed.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Casual Employment — Continuous Engagement — Burden of Proof
A claimant alleging employment on terms other than casual terms bears the burden of proving continuous engagement for four months as required by regulation 39(2) of the Employment Regulations 2011 to cease being a casual employee and acquire entitlement to statutory protections.
Employment & Labour — Casual Employment — Definition and Characteristics
A casual labourer is one who gets paid per day after doing what he has been engaged to do, with no guarantee that the employer will give him a job the next day, and the obligations and responsibilities towards either the employee or the employer end with the work and payment of a particular day.
Employment & Labour — Casual Employment — Continuous Engagement — Interpretation
Continuous engagement within the meaning of regulation 39 of the Employment Regulations 2011 connotes engagement every day to do particular works over a period of four months, and a single payment voucher for 16 days does not establish continuous engagement for the requisite period.
Employment & Labour — Termination — Burden of Proof
The burden of proving termination of employment lies on the claimant, and an allegation of oral dismissal unsupported by corroborating evidence does not discharge this burden where the employer denies termination and asserts the employee simply ceased attending work.
Employment & Labour — Casual Employment — Statutory Protections — Inapplicability
A casual labourer who has not been continuously engaged for four months is not entitled to the statutory protections afforded to permanent employees under the Employment Act, including the right to a hearing under section 66, notice under section 58, severance under section 87, and leave under section 54.

Legislation cited (5)

Full judgment

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

Kitaka_v_Aim_Distributors_Ltd_(Labour_Dispute_Reference_No._75_of_2017)_[2018]_UGIC_7_(6_April_2018)
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.