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Can You Sue a Ghost? Corporate Personality, Labour Law, and The Case of Oringo v Dede Farming Tractors (U) Ltd [2025] UGIC 47

🔹 Introduction In the recent decision of Oringo John v Dede Farming Tractors (U) Ltd [2025] UGIC 47, the Industrial Court of Uganda was faced with an unusual, yet increasingly relevant, legal question in employment law: can a person enforce a labour claim against an employer that disputes its own existence? At the heart of this case were two compelling legal questions; the doctrine of corporate personality and the validity of a contract of employment. The judgment unpacks the tension between classical company law and the evolving principles of labour law. This post delves into the facts, the key legal arguments, and the implications of the Court’s decision for practitioners, employers, and employees.   🔹 Background to the Case Mr. Oringo John was hired as a Workshop Manager by an entity styled “Dede Farming Tractors (U) Ltd” on 12 December 2019 at a salary of UGX 2,000,000 per month. However, from September 2020, his salary payments ceased. He lodged a complaint with ...

WORKPLACE FAIRNESS: THE LEGAL REQUIREMENT FOR CONSULTATION OF EMPLOYEES AND ADVANCE NOTICE PRIOR TO RESTRUCTURING.

  Introduction Employment restructuring is a crucial exercise that allows institutions to align their workforce with operational requirements. However, when not conducted transparently, it may give rise to claims of unfair termination. This article reviews the recent Industrial Court decision of Namayanja & Others v Cavendish University (Labour Dispute Ref 97 of 2019) in which the Claimants challenged the legitimacy of their termination, asserting that the Respondent unlawfully dismissed them under the guise of restructuring. Their argument rests on the principles of legitimate expectation, procedural fairness, and compliance with statutory labour requirements. Case Background. In November 2016, the Claimants entered into two-year employment contracts with the Respondent. However, their tenure was abruptly cut short when, on June 16, 2017, their employment was terminated under the guise of a restructuring process purportedly aligned with National Council for Higher Educat...