Scovia Kyomuhendo v Ndejje University (Labour Dispute Reference No. 170 of 2023 (Arising from KCCA RUB 102 2018))
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 is entitled to general damages in addition to statutory benefits. The Court awarded the Claimant UGX 4,160,000 in general damages, representing four months' salary, based on her two-year service, monthly salary of UGX 1,040,000, and the unfair manner of termination. Interest at 15% per annum was awarded from the date of the award. The Court declined to award costs, finding no misconduct by the Respondent to justify an exceptional costs order.
Outcome
Claimant awarded general damages with interest; costs declined
Facts
The Claimant was employed by the Respondent 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 the questions of general damages and costs to the Industrial Court. The Claimant sought UGX 15,000,000 in general damages, alleging mental anguish, pain, suffering, embarrassment, and loss of income. The Respondent denied liability for further damages beyond those awarded by the Labour Officer and argued that its conduct was not high-handed.
Issues
- Whether the Claimant is entitled to damages and, if so, how much?
- Whether the Claimant is entitled to any other remedies, specifically costs?
Orders
- The Claimant is awarded UGX 4,160,000 in general damages.
- Interest at 15% per annum is awarded from the date of this award until payment in full.
- No order as to costs.
Rules and key headnotes
Legislation cited (2)
Cases cited (10)
- Arnold Olweny Bonaventure v Uganda Civil Aviation Authority
- Standard Chartered Bank v Makoko
- Mutwazagye Nicholas v Electoral Commission [2025] UGCA 290
- Stanbic Bank (U) Limited v Okou
- Uganda Post Limited v Mukadisi [2023] UGSC 58
- Peter Katongole v Airtel Uganda Limited
- Mugisa v Equity Bank Uganda Limited
- Ahwera v Adaan Property Solutions Limited
- Akankwasa v Equity Bank [2019] UGIC 213
- Kalule v Deustche Gesellschaft Fuer Internationale Zuzammenarbeit (GIZ) GMBH
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.