Wakilii

Muhindo v Kasese Community Health & Education (Labour Dispute Appeal No. 18 of 2015)

Industrial Court · [2019] UGIC 13 · 2019 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from labour officer's decision in Labour Dispute No. 72 of 2017 of Kasese
Decision
Appeal dismissed and cross-appeal allowed; labour officer's order for payment in lieu of notice set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that a person seconded by a district local government to a health centre, who continued to receive salary from the local government while receiving only allowances from the health centre, was not an employee of the health centre within the meaning of Section 2 of the Employment Act. In the absence of proof of an appointment letter or binding agreement with the health centre, no contract of service existed. The court struck out grounds of appeal based on fact or mixed fact and law for non-compliance with Section 94(2). The cross-appeal succeeded and the labour officer's order for payment in lieu of notice was set aside.

Outcome

Appeal dismissed and cross-appeal allowed; labour officer's order for payment in lieu of notice set aside

Facts

The claimant was an employee of Kasese District Local Government. In 2005, Bishop Masereka Christian Foundation requested the Chief Administrative Officer to relocate and transfer the claimant part-time to the respondent health centre with his salary benefits. The claimant worked with the respondent until 25 September 2017, when his service was terminated effective 1 October 2017 following his appointment as Medical Officer of Health for Kasese Municipal Council. Throughout this period, the claimant received his salary from the District Local Government and allowances from the respondent. The claimant claimed he had lost his appointment letter and binding agreement with the respondent. He lodged a complaint with the labour officer, who found he was not an employee of the respondent but awarded him 4 months payment in lieu of notice. The claimant appealed this finding and the respondent cross-appealed the notice payment order.

Issues

  1. Whether the labour officer correctly found that the appellant was not an employee of the respondent.
  2. Whether grounds 2, 3 and 4 of the appeal should be struck out for non-compliance with Section 94(2) of the Employment Act.
  3. Whether the labour officer erred in ordering payment of 4 months in lieu of notice to a person who was not an employee.

Orders

  • Grounds 2, 3 and 4 of the appeal struck out for non-compliance with Section 94(2) of the Employment Act.
  • Appeal dismissed.
  • Cross-appeal allowed.
  • Order of the labour officer for payment of 4 months in lieu of notice set aside.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Contract of Service — Definition of Employee — Burden of Proof
Under Section 2 of the Employment Act, an employee is a person who has entered a contract of service, which may be oral or written. When the existence of a contract of service is disputed, the burden of proof lies on the party asserting that such a contract exists.
Employment & Labour — Secondment — Employment Status — Salary Payment Arrangements
Where a person is seconded by a district local government to another organisation, continues to receive salary from the local government while receiving only allowances from the organisation to which he is seconded, and cannot prove the existence of an appointment letter or binding agreement with that organisation, he remains an employee of the local government and is not an employee of the organisation to which he was seconded.
Employment & Labour — Termination — Notice — Entitlement
Under Section 18 of the Employment Act, notice before termination of employment is only given to an employee under a contract of service as provided in Section 2 of the Employment Act. A person who is not an employee within the meaning of Section 2 is not entitled to payment in lieu of notice upon termination.
Civil Procedure — Appeals — Grounds of Appeal — Matters of Fact and Mixed Fact and Law
In accordance with Section 94 of the Employment Act, matters of fact or matters mixed in fact and law may not be entertained on appeal to the Industrial Court unless with leave of the court. Grounds of appeal based on fact or mixed fact and law filed without seeking leave will be struck out.

Legislation cited (4)

Cases cited (1)

  • Netis Uganda Limited v Charles Walakira (Labour Dispute Appeal No. 22 of 2016)

Full judgment

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

Muhindo_v_Kasese_Community_Health_&_Education_(Labour_Dispute_Appeal_No._18_of_2015)_[2019]_UGIC_13_(22_February_2019)
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.