Wakilii

Owino Raanga v Board of governors Loard's mead & Anor (Labour Dispute Appeal No. 20 of 2016)

Industrial Court · [2019] UGIC 43 · 2019 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of Senior Labour Officer Buikwe under section 94(1)(2) of the Employment Act
Decision
Appeal dismissed with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the appellant failed to discharge the burden of proving that his oral employment contract was for five years rather than four years as asserted by the respondent. Where a fixed-term contract expires, there is no obligation on the employer to give reasons for non-renewal or to comply with procedural requirements under sections 66 and 68 of the Employment Act 2006. The contract having been fully executed by payment of three months' salary in advance, the appeal was dismissed.

Outcome

Appeal dismissed with no order as to costs

Facts

The appellant was employed by the respondent as head teacher of a vocational school on an oral contract. The appellant claimed the contract was for five years from 1 February 2012 at a monthly salary of UGX 1,313,000. The respondent contended the contract was for four years. On 1 December 2015, the appellant received notice that his services would no longer be required by 1 January 2016. He was terminated on 30 December 2015 and given a post-dated cheque of UGX 2,439,000 as a token of appreciation. The appellant filed a complaint before the Labour Officer Buikwe District claiming arrears, gratuity, unremitted PAYE and NSSF contributions. The respondent denied owing the appellant anything and stated he was terminated for failure to increase school enrolment, mismanagement leading to debt, and decline in academic performance. The Labour Officer ruled in favour of the respondent, finding the appellant failed to prove his case. The appellant appealed to the Industrial Court.

Issues

  1. Whether the Senior Labour Officer erred in failing to follow the procedure laid down by the Employment Act 2006 and Employment Regulations 2011.
  2. Whether the Senior Labour Officer erred in law where he failed to properly evaluate the evidence on record and thereby coming to a wrong decision that the Appellant failed to produce proof of the contract of employment for five years.
  3. Whether the Senior Labour Officer erred in law when he failed to properly evaluate the evidence on record and thereby coming to a wrong decision that since the Appellant as Accounting Officer ought to have paid all his dues plus NSSF and PAYE.
  4. Whether the Senior Labour Officer erred by finding that there was a consent reached between the Appellant and the Respondent.
  5. Whether the Senior Labour Officer erred just to direct the respondent to update the appellant NSSF Account without following the NSSF Act guidelines.
  6. Whether the Senior Labour Officer erred in law not to award the appellant his balance of salary for the remaining period plus his arrears which had not been paid to the appellant.

Orders

  • Appeal dismissed.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Fixed-Term Contracts — Expiry and Non-Renewal — No Obligation to Give Reasons
Where a fixed-term contract of employment expires by effluxion of time, there is no obligation on the part of the employer to give reasons for non-renewal of the contract, and the procedural requirements under sections 66 and 68 of the Employment Act 2006 do not apply. However, if a fixed-term contract is terminated prematurely before its expiry, the procedural requirements must be complied with.
Employment & Labour — Oral Contracts — Validity and Proof of Terms
An oral contract of employment is valid under section 25 of the Employment Act 2006. However, where the terms of an oral contract are in dispute, the burden of proving the existence, terms, and duration of the contract lies on the party asserting those terms.
Evidence — Burden of Proof — Employment Disputes
In employment disputes, the burden of proving an allegation remains with the person making the allegation. Where an employee claims a particular duration or terms of an oral employment contract, the employee must discharge the burden of proving those terms even in the absence of documentary evidence.
Employment & Labour — NSSF Contributions — Employer's Duty to Remit
Under section 11 of the NSSF Act, an employer has a duty to remit NSSF contributions within 15 days following the last day of the month for which wages are paid. Deductions from an employee's salary for NSSF constitute the employee's personal property, and the employee has a legal right to ensure such deductions are deposited into the Fund in accordance with the NSSF Act.

Legislation cited (36)

Cases cited (5)

  • Jabi v Mbale Municipal Council (1975) HCB 192
  • Florence Mufumbo v Uganda Development Bank (LDR No. 138 of 2014)
  • Prof. George Kakoma v Attorney General (CS No. 197 of 2008)
  • Mota-Engil Engen Haria v Nyaruhuma Patrick (Labour Dispute Appeal No. 09 of 2018)
  • Aijukye Stanley v Barclays Bank (U) Ltd (LDC No. 243 of 2014)

Full judgment

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

Owino_Raanga_v_Board_of_governors_Loard's_mead_&_Anor_(Labour_Dispute_Appeal_No._20_of_2016)_[2019]_UGIC_43_(5_July_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.