Insights on Employment Law in Uganda| Laura Martha Tumwesigye

Background As a general rule of evidence, documents must be proved by primary evidence. Primary evidence means the original document itself produced in court. However, Section 64 of the Evidence Act, Cap. 6 l ays out exceptions in which documents may be proved by secondary evidence including; when the original copy is or appears to be in the possession of the person against whom the document is sought to be proved, when the existence, condition, or contents of the original have been proved to be admitted on writing by the person against whom, when the original has been destroyed or lost, or is in the possession   or power of any person not legally bound to produce it, when the original is a public document, when the original is of such a nature that it cannot easily be moved, when the original is a  document  of which a certified copy is permitted by the evidence Act, or by any other law in force in Uganda, to be given in  evidence , w hen the originals consist ...

 Introduction A fixed term contract is an agreement between an employer and an employee that specifies the duration and terms of the employment, usually for a specific project, task, or period . At the end of the contract period, the contract automatically terminates. According to Section 65(1) (b) of the Employment Act,  a fixed term contract automatically terminates with the expiry of the specified period or the completion of the specified task unless it is renewed within a period of one week  from the date of expiry on the same terms or terms not less favourable .   The above provision of the law connotes an express communication in the event that a fixed term contract is to be renewed. This blog sheds light on the legal position that continued earning of a salary after the date of expiry of a contract does not imply continuity or renewal of the contract.   Brief Facts The Appellant was appointed as a Special Presidential Assistant by a letter dated 19 th ...

  THE LAW ON CONTINUOUS SERVICE OF EMPLOYMENT  IN UGANDA : CASE REVIEW OF GEORGE JOHNSON OJOK & 87 OTHERS VS. TORRES ADVANCED ENTERPRISES SOLUTIONS LLC (LABOUR DISPUTE REFERENCE NO. 024 OF 2015)   Introduction The concept of continuous service in employment law is defined under Section 83 of the Employment Act 2006 as an employee’s period of uninterrupted service with the same employer. This includes c onsecutive periods of employment with two successive employers where the successor has taken over the   business  of the former  employer  as receiver, liquidator, personal representative, or heir, or upon transfer of the whole or part of the  business. It also includes a ny   week  or part of a  week  in which an  employee  is employed for sixteen hours or more . Continuity of service has a number of benefits attached to it such as severance allowance, entitlement to wages when absent from work for good cause, annu...

  Introduction . Arbitration clauses are a common feature in different kinds of contracts, as a dispute resolution mechanism in case of any hiccups during the execution of the contract. Usually, where parties have agreed to arbitration as the dispute resolution mechanism, it is mandatory and the parties cannot then go to the courts of law on first instance to resolve the dispute except where the arbitration clause is null and void. In other words, the courts of law would have no jurisdiction to entertain a dispute where the parties agreed to arbitration as the dispute resolution mechanism. However, where it comes to matters relating to employment (contracts of or for services), the Industrial Court of Uganda has held that an arbitration clause notwithstanding, the Industrial Court still has jurisdiction over disputes arising from employment related matters. This blog reviews the Industrial Court’s ruling in Giorgio Zenegali v Sari Consulting Ltd (Labour Dispute Reference No. ...

  INTRODUCTION In Uganda's public service sector, employees receive retirement benefits in the form of Pension and Gratuity, with the amount varying based on their rank and salary scale. Pension is typically paid upon retirement, while Gratuity is disbursed at the end of the employee's service, regardless of their retirement status. As former Ugandan Minister of Public Service, Henry Kajura once said, "Pension and Gratuity are crucial retirement benefits that provide financial security for public service employees and their families." With effect from 25 th March 1994, a deceased public servant’s legal representative is entitled to a survivor’s benefit under the Pension (Amendment) Statute No. 4/1994. This blog sheds light on which public servant is entitled to pension, under what circumstances, and whether a deceased public servant’s legal representative is entitled to his or her pension, death gratuity and survivor’s benefit. SUMMARY OF THE CASE The Claim...

Introduction Repeatedly, aggrieved employees with valid claims against their employers have failed to get recourse from the Courts of law simply because of taking their time before lodging a complaint before the labour officer or exceeding the limitation period within which their particular claim is supposed to be brought before court. Resultantly, claims that would otherwise be valid are thrown out of court for being time barred! This blog reviews the case of National Bank of Commerce Ltd (In Liquidation) versus Fred Twinobusingye, Mutaremwa Mark & 59 Others (Labour Dispute Appeal No. 9 of 2020). It offers guidance on timelines regarding lodging of complaints before a labour draws a distinction between limitation period as a bar to an action and a period within which to lodge an action.   Brief Facts of the Case The Respondents who were former employees of the National Bank of Commerce were terminated on 10/10/2012 . They filed a representative action vide HCCS No. ...