Insights on Employment Law in Uganda| Laura Martha Tumwesigye

  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. ...

Introduction. According to the Employment Act, 2006, an employer can discharge an employee from employment at his or her initiative where the employee commits verifiable misconduct. Section 68 of the same Act necessitates the employer to prove the reasons for dismissal in an instance where there is a claim against him or her arising out of termination, and that the reasons for dismissal shall be matters which the employer, at the time of dismissal, genuinely believed to exist and which caused him or her to dismiss the employee. The implication of this section is that an employer cannot dismiss an employee basing on matters he is not sure were true or existed by the time of dismissal, otherwise, it would be an unfair dismissal, liable to be challenged in Court. Section 66 of the Employment Act provides that before an employer reaches a decision to dismiss an employee on the grounds of misconduct, he shall accord the employee a fair hearing. The section envisions a sort of discipli...

  Introduction Research by the Economic Research Policy Center (ERPC) reveals that 420,000 Ugandans lost their jobs as a result of COVID-19 wiping out several jobs. In an effort to remain in business, most business entities took to downsizing their staff by laying off their employees while others aimed for other restructuring models that could help them increase their operational efficiency like creation of specific roles, combining certain positions and completely doing away with other positions within the structures of their organizations. Two year post COVID, various business entities and organizations in Uganda are still battling the economic effects of COVID amid law suits by their former employees for compensation as a result of unlawful and unfair terminations and dismissals, demotions, inadequate compensations, among others. The Industrial Court of Uganda has in (Batabane Anatoli v Busoga Forestry Co. Ltd (Labour Dispute Reference No. 015of 2021) reexamined the circu...