Wakilii

Odikiria v Securex Agencies(U) Limited (Labour Dispute Reference No. 139 of 2017)

Industrial Court · [2021] UGIC 22 · 2021 Claim Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from unfair termination complaint
Decision
Claimant's unfair dismissal claim allowed with awards for payment in lieu of notice, severance allowance and general damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the claimant was unfairly and unlawfully dismissed. The respondent failed to provide sufficient notice of the disciplinary hearing, gave less than 24 hours to prepare a defence, and did not establish that the claimant committed a fundamental breach of contract. The claimant acted properly by responding to a theft incident at a client's premises when his supervisors were unreachable. The termination was irregular, unfair and unlawful under sections 66, 68 and 69 of the Employment Act. The claimant was awarded payment in lieu of notice, severance allowance and general damages.

Outcome

Claimant's unfair dismissal claim allowed with awards for payment in lieu of notice, severance allowance and general damages

Facts

The claimant was employed by the respondent as a security guard from 2005. On 18 September 2012, he received information that a client's store had been broken into. Unable to reach his supervisors by phone, he left a colleague in the control room and proceeded to the scene with mobile patrol units. He arrested two suspects. Police officers then arrived and arrested the claimant, who was detained and later released without charge while the suspects remained in custody. The claimant was orally summoned on 18 September 2012 to appear before a disciplinary committee on 19 September 2012. On 22 September 2012, he was dismissed for alleged theft, fraud or dishonesty. The respondent alleged he abandoned his duty station and participated in or was believed to have participated in the commission of an offence.

Issues

  1. Whether the claimant was wrongfully dismissed from work by the respondent.
  2. Whether the claimant is entitled to the remedies sought.

Orders

  • Claim allowed.
  • Claimant awarded UGX 760,000 as payment in lieu of notice (2 months at UGX 380,000 per month).
  • Claimant awarded UGX 2,660,000 as severance allowance (UGX 380,000 × 7 years).
  • Claimant awarded UGX 3,000,000 as general damages.
  • Interest of 15% per annum awarded from the date of the Award until payment in full.
  • No order as to costs.

Rules and key headnotes

Unfair Dismissal — Procedural Fairness — Adequate Notice of Disciplinary Hearing
An employee summoned to a disciplinary hearing with less than 24 hours' notice is not given sufficient time to prepare a defence, rendering any resulting dismissal procedurally unfair and unlawful under sections 66, 68 and 69 of the Employment Act.
Unfair Dismissal — Fundamental Breach — Burden of Proof
Where an employer fails to establish that an employee committed a fundamental breach of contract, and where the disciplinary process was procedurally irregular, the termination is unfair and unlawful regardless of the allegations made against the employee.
Unfair Dismissal — Security Guard Responding to Emergency
A security guard who responds to a theft incident at a client's premises after failing to reach supervisors by phone, and who leaves a colleague in the control room, does not abandon his duty station and does not commit a fundamental breach of his employment obligations.
Remedies — Payment in Lieu of Notice
An employee who has worked for seven years is entitled to two months' notice or payment in lieu under section 58 of the Employment Act upon termination of employment.
Remedies — Severance Allowance
Severance allowance is calculated under section 87 of the Employment Act as one month's salary for each completed year of service.

Legislation cited (5)

Cases cited (3)

  • Benon H. Kanyangoga v Bank of Uganda (Labour Dispute Case No. 080 of 2014)
  • Ebiju James v Umeme (High Court Civil Suit No. 133 of 2012)
  • Donna Kamuli v DFCU Bank (Labour Dispute Reference No. 002 of 2015)

Full judgment

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

Odikiria_v_Securex_Agencies(U)_Limited_(Labour_Dispute_Reference_No._139_of_2017)_[2021]_UGIC_22_(26_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.