Wakilii

Mujambere Evary and Others v Picfare Industries (U) Ltd and Another (Civil Suit No.414 of 2002)

High Court · [2006] UGHC 24 · 2006 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for wrongful dismissal
Decision
Plaintiffs awarded arrears, payment in lieu of notice, interest, and costs for wrongful dismissal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the plaintiffs' employment was wrongfully terminated on 15 August 1996. The alleged notice pinned on company notice boards was not served on the plaintiffs and they were prevented from entering the company premises after suspension. The defendants violated the employment contracts by dismissing the plaintiffs without proven misconduct and without giving contractual notice or payment in lieu. The plaintiffs were entitled to arrears of salary for the suspension period, one month's salary in lieu of notice, interest, and costs.

Outcome

Plaintiffs awarded arrears, payment in lieu of notice, interest, and costs for wrongful dismissal

Facts

The three plaintiffs were employed by the defendants between 1993 and 1994 in various capacities: packer/checker, storekeeper, and computer operator. All were confirmed as permanent employees. On 23 July 1996, they were suspended without half pay on allegations of misappropriating company funds in cash sale transactions. They denied any involvement. After suspension, they were told to stay away from company premises and await communication, which never came. The defendants claimed to have posted a notice dated 1 August 1996 on company notice boards requiring the plaintiffs to report by 15 August 1996 or be deemed deserters, but the plaintiffs never received this notice as they were barred from the premises. The plaintiffs only learned of their termination in 2002 when the Labour Office showed them the defendants' response letter. The defendants failed to give contractual notice or prove any misconduct.

Issues

  1. Whether the Plaintiffs were unlawfully dismissed and, if so, when.
  2. What remedies are available to each Plaintiff.

Orders

  • Judgment entered for the plaintiffs.
  • Employment of each plaintiff was wrongfully terminated on 15 August 1996.
  • Plaintiffs entitled to arrears of salaries for the period 23 July 1996 to 15 August 1996.
  • Plaintiffs entitled to payment of one month's salary in lieu of notice.
  • Interest awarded at court rate on arrears and payment in lieu from date of filing until payment in full.
  • Costs of the suit awarded to the plaintiffs.

Rules and key headnotes

Employment & Labour — Wrongful Dismissal — Burden of Proof — Employer's Duty to Prove Misconduct
Where an employer dismisses an employee for alleged misconduct, the employer bears the burden of proving that misconduct. A general denial without supporting evidence is insufficient to justify dismissal.
Employment & Labour — Termination — Notice Requirements — Service of Termination Notice
A notice of termination posted on company premises is not validly served on an employee who has been barred from those premises and told to await communication at home. The employer must ensure actual notice reaches the employee at a known address.
Evidence — Admissions — Uncross-Examined Evidence — Effect of Failure to Cross-Examine
Evidence that is not cross-examined upon is deemed admitted by the party against whom it is addressed.
Contract Law — Employment Contracts — Termination Without Notice — Payment in Lieu of Notice
Where a contract of employment provides for termination on notice and the employer terminates without giving the stipulated notice, the employee is entitled to payment in lieu of notice as damages for breach of contract.
Employment & Labour — Damages for Wrongful Dismissal — Measure of Damages — Restitutio in Integrum
In a case of wrongful dismissal where the contract is terminable on notice, the measure of damages is the remuneration the employee would have received during the notice period, based on the principle of restitutio in integrum.
Employment & Labour — Special Damages — Annual Leave — Strict Pleading and Proof Required
A claim for annual leave being in the nature of special damages must be strictly pleaded and proved. Where a claim is pleaded but no evidence is led to support it, the claim must be dismissed as not proved.

Cases cited (3)

  • Moses Sebitangaro Ganya v Uganda (Criminal Appeal No. 32 of 1995)
  • Kengrow Industries Ltd v C. C. Chandran (Court of Appeal No. 7 of 2001)
  • GITHINJI vs MUMIANS SUGAR CO. LTD: {199 - 98} E. A 81

Full judgment

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

Mujambere Evary and Others v Picfare Industries (U) Ltd and Another (Civil Suit No.414 of 2002) [2006] UGHC 24 (29 June 2006)
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.