Wakilii

Sserunjogi v Guinness Transporters Limited Ta Safe Boda (Labour Dispute Reference 47 of 2022)

Industrial Court · [2024] UGIC 73 · 2024 Claim Allowed — General Damages Awarded AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from unresolved complaint before Labour Officer at Kampala Capital City Authority
Decision
Claimant awarded general damages of UGX 15,600,000 for unlawful termination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that general damages can be awarded in addition to payment in lieu of notice for unlawful termination, following the Supreme Court's decision in Uganda Post Limited v Mukadisi. The Court awarded UGX 15,600,000 in general damages based on the claimant's six years of service, monthly earnings of UGX 1,300,000, and the procedurally unfair manner of termination. Aggravated damages were declined as no aggravating circumstances were proven.

Outcome

Claimant awarded general damages of UGX 15,600,000 for unlawful termination

Facts

Sadat Sserunjogi worked for Guinness Transporters Ltd T/A Safeboda from November 2014 to August 2021 in various capacities. On 21 July 2021, he was suspended pending investigation into unspecified misconduct allegations. An investigative hearing was held on 3 August 2021, and he was terminated on 9 August 2021. The claimant lodged a complaint with the Labour Officer at KCCA, which was unresolved and referred to the Industrial Court. The parties reached a partial settlement on 5 September 2022, with the respondent paying UGX 12,350,000 for lack of disciplinary hearing, payment in lieu of notice, and severance pay. At scheduling conference on 28 March 2024, the respondent conceded to unpaid salary claims, and judgment on admission was entered for UGX 9,600,000. The sole remaining issue was whether the claimant was entitled to general and/or aggravated damages.

Issues

  1. Whether the Claimant is entitled to general and or aggravated damages in addition to payment in lieu of notice.

Orders

  • Claim succeeds.
  • Claimant awarded UGX 15,600,000 in general damages.
  • Each party to bear its own costs.

Rules and key headnotes

Employment & Labour — Unlawful Termination — General Damages — Distinction from Payment in Lieu of Notice
General damages can be awarded in addition to payment in lieu of notice for unlawful termination of employment. Payment in lieu of notice compensates for breach of contract in failing to give due notice, while general damages compensate for non-economic harm including emotional distress, mental anguish, damage to reputation, and other non-monetary harm suffered due to dismissal.
Employment & Labour — Damages — Quantum — Assessment Factors
In assessing general damages for unlawful termination, the court considers the prospects of the employee getting alternative employment or employability, how the services were terminated, the inconvenience and uncertainty of future employment prospects, the earnings of the claimant, age, position of responsibility, and contract duration.
Employment & Labour — Disciplinary Proceedings — Fair Hearing Requirements
A fair hearing requires that notice of allegations be served on the employee in sufficient time to prepare a defence, clearly stating the allegations and the employee's rights at the hearing including the right to respond orally or in writing, the right to be accompanied, and the right to cross-examine witnesses or call witnesses. The employee must be given a chance to appear before an impartial committee. Failure to share an investigation report with the employee is contrary to natural justice.
Employment & Labour — Aggravated Damages — Requirements
Aggravated damages in employment disputes require proof of aggravating circumstances including illegalities and wrongs in the termination compounded by the employer's lack of compassion, callousness and indifference. The employer's conduct must be degrading to the employee.
Employment & Labour — Costs — Exception to General Rule
In employment disputes, costs are the exception and not the norm except where the losing party is culpable of misconduct. The general rule that costs follow the event does not automatically apply.

Legislation cited (9)

Cases cited (20)

Full judgment

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

Sserunjogi_v_Guinness_Transporters_Limited_Ta_Safe_Boda_(Labour_Dispute_Reference_47_of_2022)_[2024]_UGIC_73_(16_August_2024)
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.