Wakilii

Scovia Kyomuhendo v Ndejje University (Labour Dispute Reference No. 170 of 2023)

Industrial Court · [2026] UGIC 20 · 2026 Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Damages assessment following Labour Officer determination of unfair termination
Decision
Claimant awarded general damages of UGX 4,160,000 with interest at 15% per annum from date of award; costs refused

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that an employee unlawfully terminated after two years of service is entitled to general damages for non-pecuniary losses arising from unfair dismissal. Following Uganda Post Limited v Mukadisi, general damages compensate emotional distress and inconvenience beyond statutory benefits. The quantum must be proportionate to salary, length of service, and manner of termination. The Court awarded UGX 4,160,000 (four months' salary) plus 15% annual interest. Costs were refused absent misconduct by the employer.

Outcome

Claimant awarded general damages of UGX 4,160,000 with interest at 15% per annum from date of award; costs refused

Facts

The Claimant was employed by Ndejje University for approximately two years earning UGX 1,040,000 per month. She was terminated due to the Respondent's financial difficulties. A Labour Officer at Kampala Capital City Authority found the termination procedurally unfair and awarded statutory benefits and compensation, but referred general damages and costs to the Industrial Court. The Claimant, aged 45 at the time of termination, claimed she suffered mental anguish, embarrassment, psychological torture, and difficulty securing new employment. She sought UGX 15,000,000 in general damages. The Respondent denied liability for loss and damage, arguing all matters had been resolved by the Labour Officer and that the termination was not high-handed.

Issues

  1. Whether the Claimant is entitled to general damages and, if so, how much?
  2. Whether the Claimant is entitled to any other remedies, specifically costs?

Orders

  • The Claimant is awarded UGX 4,160,000/= (shillings four million one hundred sixty thousand only) in general damages.
  • Interest awarded at 15% per annum from the date of this award until payment in full.
  • No order as to costs.

Rules and key headnotes

Unfair Termination — General Damages — Entitlement and Principles
An employee whose termination has been found procedurally or substantively unfair is entitled to general damages in addition to statutory and contractual benefits. General damages are not automatic and require proof of unfairness. They compensate for non-pecuniary losses including emotional distress, injured feelings, reputational harm, and mental anguish.
General Damages in Employment Disputes — Assessment Factors
The quantum of general damages in employment disputes is discretionary and guided by the facts of each case rather than a fixed formula. Relevant considerations include the employee's age, status in the industry, manner of termination, length of service, disruption of career prospects, employability, and earnings or salary. General damages should be compensatory rather than punitive, proportionate to actual harm, and should not exceed double the employee's fixed income.
General Damages — Quantum in Short-Service Employment
For an employee unlawfully terminated after two years of service, general damages equivalent to three to four months' salary may be appropriate compensation for inconvenience and non-pecuniary losses, having regard to the length of service, the circumstances of termination, and the need for proportionate and measured compensation.
Costs in Employment Disputes — Exceptional Circumstances
Costs in employment disputes are not awarded as a matter of course but only in exceptional circumstances where a party has engaged in misconduct or frivolous litigation. Absent evidence of high-handed conduct or abuse of process, the Court will decline to make an order as to costs.

Legislation cited (2)

Cases cited (10)

Full judgment

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

Scovia Kyomuhendo v Ndejje University (Labour Dispute Reference No. 170 of 2023) [2026] UGIC 20 (30 March 2026)
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.