Wakilii

Kitaka v Kampala City Council Authority (Labour Dispute Appeal No. 3 of 2020)

Industrial Court · [2021] UGIC 19 · 2021 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of Commissioner of Labour dismissing complaint of unlawful termination
Decision
Appeal dismissed; decision of Commissioner of Labour upholding lawfulness of termination affirmed; appellant granted only 20 days' payment in lieu of leave

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an employee is engaged on successive fixed-term contracts, each with a specified expiry date, termination occurs by operation of law under Employment Act s.65(1)(b) when the final contract expires without renewal. The expiry of a fixed-term contract does not constitute unlawful termination and does not attract notice requirements under s.58. An employee claiming payment in lieu of leave must show that leave was applied for and refused. Appeal dismissed.

Outcome

Appeal dismissed; decision of Commissioner of Labour upholding lawfulness of termination affirmed; appellant granted only 20 days' payment in lieu of leave

Facts

The appellant was employed by the respondent on 2 December 2011 on temporary terms until the position would be substantively filled. She was redeployed in May 2017 on the same terms. On 15 September 2017 she received a fresh appointment effective 18 September 2017 ending 31 December 2017. Thereafter she was given successive short-term appointments: 1 January to 30 April 2018, and 1 May to 31 August 2018. On 23 August 2018 she was informed of the pending expiry of her appointment on 31 August 2018 and advised to hand over operational materials. The appellant considered this an unlawful termination and lodged a complaint with the Commissioner of Labour, who decided in favour of the respondent. The appellant appealed on grounds that the Commissioner decided without considering submissions, erred in holding the termination lawful, and wrongly denied remedies.

Issues

  1. Whether the Commissioner of Labour erred in arriving at a decision before the parties had concluded filing submissions and without considering the submissions.
  2. Whether the termination of the appellant's employment was lawful.
  3. Whether the appellant was entitled to payment in lieu of notice, accrued leave, severance allowance, and other remedies.

Orders

  • Appeal dismissed.
  • Appellant granted 20 days' payment in lieu of leave as conceded by respondent in notice of expiry.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Fixed-Term Contracts — Termination by Expiry — Operation of Law
Where an employee is engaged on a fixed-term contract with a specified expiry date, termination is deemed to occur by operation of law under Employment Act s.65(1)(b) when the contract expires and is not renewed within one week, and such termination does not require notice under s.58.
Employment & Labour — Successive Fixed-Term Contracts — Continuous Service — Termination
The fact that an employee has worked for an extended period under successive fixed-term contracts does not convert those contracts into a single continuous contract of indefinite duration; each fixed-term contract remains separate and terminates by expiry of its specified term.
Employment & Labour — Leave Entitlement — Payment in Lieu — Requirement to Apply
Although leave is a right of an employee, payment in lieu of accrued leave can only be claimed where the employee applied for leave and the application was refused; absent evidence of application and refusal, no entitlement to payment in lieu arises.
Administrative Law — Fair Hearing — Submissions of Counsel — Consideration by Tribunal
Failure of a tribunal to expressly refer to or consider every aspect of counsel's submissions does not necessarily amount to a breach of the right to a fair hearing under Article 28 of the Constitution; the tribunal's duty is to decide on the evidence and the law, and submissions are only relevant where they raise a significant point of law or evidence impacting the decision.

Legislation cited (9)

Cases cited (2)

  • Uganda Local Government Association v Kibira Vicent & 4 Others (Labour Dispute Appeal No. 26 of 2016)
  • Kangaho Silver v Attorney General (LDC No. 276 of 2014)

Full judgment

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

Kitaka_v_Kampala_City_Council_Authority_(Labour_Dispute_Appeal_No._3_of_2020)_[2021]_UGIC_19_(19_February_2021)
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.