Wakilii

Kyazze v Busoga Collage Mwiri (Labour Dispute Reference No. 143 of 2016)

Industrial Court · [2018] UGIC 9 · 2018 Claim Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from Labour Dispute No. 420 of 2016
Decision
Claimant awarded payment in lieu of notice and repatriation costs; other prayers declined

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an employment contract is silent on retirement age and no retirement policy is adduced in evidence, an employee cannot be terminated on grounds of attaining 60 years. Where termination occurs as part of staff reorganisation under Employment Act s.81, the employer must give at least 4 weeks' notice. Failure to give such notice renders the termination unfair. The claimant was awarded 4 weeks' pay in lieu of notice and repatriation costs but no general damages or payment in lieu of annual leave.

Outcome

Claimant awarded payment in lieu of notice and repatriation costs; other prayers declined

Facts

The claimant was employed as a driver by Busoga College Mwiri on 8 May 1990 with effect from 15 February 1990. The appointment letter did not specify a retirement age. On 1 February 2014, the respondent's Board of Governors resolved to trim support staff, targeting those who were overage and undisciplined. On 24 March 2014, the Headmaster wrote to the claimant under the heading "staff re-organization" terminating his employment on the ground that he was over 60 years of age. The claimant contested the termination and filed a labour dispute claim.

Issues

  1. Whether the claimant was unlawfully terminated.
  2. What are the remedies available to the parties.

Orders

  • Claim partly succeeds.
  • Respondent to pay claimant 4 weeks' pay in lieu of notice computed at salary of UGX 205,000.
  • Respondent to pay claimant UGX 300,000 for repatriation.
  • Interest at 20% per annum on the above sums from date of termination until payment in full.
  • General damages declined.
  • Payment in lieu of annual leave declined.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Termination of Employment — Retirement Age — Contract Silent on Retirement
Where a contract of employment is silent on retirement age and no retirement policy is adduced in evidence, an employee cannot be lawfully terminated on the ground that he has attained 60 years of age, even if the employer is a government institution subject to standing orders prescribing retirement at 60.
Employment & Labour — Termination of Employment — Staff Reorganisation — Notice Requirements
Where an employer contemplates termination of employees due to staff reorganisation, the employer must comply with Employment Act s.81 and give not less than 4 weeks' notice unless there is cause not to do so. Failure to give such notice renders the termination unfair.
Employment & Labour — Annual Leave — Payment in Lieu of Leave — Employee's Duty to Apply
An employee is estopped from claiming payment in lieu of annual leave upon termination unless there is evidence that the employee applied for leave and the employer refused to grant it. The fact that an employee is engaged full-time does not preclude the employee from applying for leave.
Employment & Labour — Repatriation — Entitlement under Employment Act s.39
Under Employment Act s.39, an employer must repatriate an employee to his or her original place of recruitment if the recruitment was 100 or more kilometres from home, or if the employee has been in service for over 10 years regardless of distance.

Legislation cited (4)

Cases cited (1)

  • Othieno v Uganda Broadcasting Corporation (Case No. 107 of 2013)

Full judgment

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

Kyazze_v_Busoga_Collage_Mwiri_(Labour_Dispute_Reference_No._143_of_2016)_[2018]_UGIC_9_(13_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.