Wakilii

Nakafuma v Parambot Breweries Ltd (Labour Dispute Reference No. 38 of 2015)

Industrial Court · [2019] UGIC 41 · 2019 Judgment for Claimant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference from Wakiso labour officer arising from unpaid wages claim
Decision
Claimant awarded unpaid wages and general damages with interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Industrial Court held that an employer who fails to pay an employee's wages as required by sections 41(1) and 43(4)(c) of the Employment Act breaches the contract of service. The claimant was awarded unpaid wages for 10 months and 24 days of work at UGX 500,000 per month, totaling UGX 5,416,000, plus general damages of UGX 1,500,000 for inconvenience and suffering. The claim for facilitation allowance was denied for lack of proof that the claimant actually expended equivalent amounts in executing her duties.

Outcome

Claimant awarded unpaid wages and general damages with interest

Facts

The claimant was employed by the respondent as a sales assistant on 1 July 2013 at a monthly salary of UGX 500,000. Her contract also provided for facilitation of 42 crates of beer per month to cover vehicle maintenance, airtime, lunch, and fuel. The claimant worked until 24 June 2014 but was never paid any wages. On 13 January 2014, she made a formal demand for her salary which was ignored. She filed a labour complaint before the Wakiso labour officer who referred the matter to the Industrial Court. The respondent alleged in its memorandum in reply that the claimant absconded from duty before expiry of her probationary period, but failed to appear at hearing to substantiate this defence. The matter proceeded ex parte.

Issues

  1. Whether the respondent breached the contract of service by failing to pay the claimant her wages.
  2. What remedies are available to the claimant.

Orders

  • The claimant is awarded UGX 5,416,000 being unpaid wages for 10 months and 24 days worked.
  • The claimant is awarded general damages of UGX 1,500,000.
  • Interest of 20% per annum is awarded on the total sum.
  • The claim for facilitation allowance equivalent to 42 crates of beer per month is denied.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Wages — Statutory Obligation to Pay — Breach of Contract
An employer who fails to pay an employee's wages as required by sections 41(1) and 43(4)(c) of the Employment Act commits a breach of the contract of service.
Employment & Labour — Wages — Facilitation Allowances — Proof of Expenditure
Where a contract of service provides for facilitation allowances to cover work-related expenses and requires the employee to account for such facilitation, the employee must prove actual expenditure of equivalent amounts in execution of duties before recovering unpaid facilitation as a debt.
Evidence — Burden of Proof — Allegations in Pleadings
He who alleges must prove the allegation. Where a respondent pleads that an employee absconded from duty but fails to appear at hearing to adduce evidence in support of that allegation, the allegation cannot be accepted by the court.
Damages & Quantum — General Damages — Non-Payment of Wages — Inconvenience and Suffering
An employee who is denied salary payment for a prolonged period is entitled to general damages for the inconvenience and suffering caused by the employer's breach.

Legislation cited (2)

Full judgment

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

Nakafuma_v_Parambot_Breweries_Ltd_(Labour_Dispute_Reference_No._38_of_2015)_[2019]_UGIC_41_(3_August_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.