Asides

It is clear from these pleadings that the labour officer failed to conduct the conciliation in the manner stipulated in the Isoquant judgment, supra. A properly conducted conciliation does not require a statement of claim, response, reply and heads of … Read the rest...

Act 5 of 2015 removed the employer’s right to terminate a contract of employment on notice. It only prescribed that the right only exists when the employer terminates a contract through a code of conduct, mutual separation or when the … Read the rest...

The backbone of this case is the question of whether an employer can appeal against a decision of a disciplinary hearing. One viewpoint is that when an employer constitutes a disciplinary hearing, he appoints an agent to deal with the … Read the rest...

“A reading of s 12B of the Labour Act and s 175 of the Companies Act shows that the provisions are inconsistent as they are mutually exclusive. Section 175 of the Companies Act seeks to limit the dismissal of a … Read the rest...

“The learned judge of appeal found that there was no legitimate expectation on the part of an employee to be paid more than what he is supposed to be paid simply because other employees may be receiving greater, seemingly unjustified … Read the rest...

 “The evidence as a whole in my view leads to one logical conclusion; that the appellant was well aware of what it was doing when it entered into the contracts and the legal consequences thereof. This appeal is, therefore, nothing … Read the rest...

 “In my view, the rights of the respondent are embodied in the contract which he signed. He cannot look outside the contract to add to its terms. The act of generosity by the appellant in awarding him an increase in … Read the rest...

“Quite clearly the respondents were transferred, with the undertaking, to another employer.  Their employment was not terminated.  In terms of the contract and also by operation of s 16 of the Act, the respondents were transferred to Rutimba on terms … Read the rest...