Court of Appeal affirms the misconduct of an employee as a basis for summary dismissal must be verifiable and not just mere allegations. It explains that gross misconduct must be proved by a disciplinary hearing that is procedurally and substantively fair and is akin to a judicial hearing.
Court of Appeal affirms need to give literal and ordinary meaning in interpreting terms of contracts of employment. Further, it upholds the necessity for fairness in the proceedings of disciplinary committees while noting they are not expected to adopt strict rules of evidence applied in courts of law.
Industrial Court finds informal discussions about an employee’s performance not to amount to a disciplinary hearing and called for minimum standards of natural justice in disciplinary procedure. The Court held a termination based on such discussions to amount to unlawful dismissal and awarded Shillings One Billion in damages.
Parliament of Uganda enacts amendments to electoral laws as country gears for 2021 general elections. It is an effort at electoral law reforms straddling between aligning with recommendations of the Supreme Court and the 2018 constitutional amendments.
Court of Appeal affirms requirements of notice and reasons in termination of an employment relationship and that an employee who rejects payment in lieu of notice is entitled to a hearing. Further, it upholds salary loan arrears as deductible from special damages and terminal benefits.
High Court’s Family Division outlaws practice of husbands bequeathing matrimonial property to an heir and, in effect, upholds a woman’s equal rights during and after marriage. Crucially, the Court also affirmed as defective a will that sought to bequeath matrimonial property or property not forming part of the deceased’s estate.
High Court grants leave for publicly listed companies to convene AGMs by electronic means or virtual platforms in wake of impracticality, owing to COVID-19 restrictions, of in-person meetings, subject to prior no-objection from the Securities Exchange and compliance with applicable notices.
The High Court found the 2017 regulations amending the schedule of the trade licensing legislation to conflict with specific laws regulating the legal profession and the pharmaceutical and clearing and forwarding businesses. The Court held it essential to consider relevant existing laws in making of subsidiary legislation or else regulations may be found ultra vires the said existing laws. The Court also regarded specific laws as taking precedence over general laws in the regulation and licensing of the professions and businesses.
Uganda has been described by the oil industry press as Africa’s ‘hottest exploitation frontier’. Accordingly, Uganda’s Albertine Graben is estimated to hold more than 6 billion barrels of oil, placing Uganda among the foremost African oil producers. The discovery and eventual exploitation of this oil resource is one of those once-in-a generation events that can transform the country not only on a macro level but also in the individual lives of Ugandan citizens.
This Alert addresses the implications of the new directive by the Ministry of Gender, Labour & Social Development to employers as regards submitting labour returns and statistics of their employees.
The ALP Conflict Resolution Hub Mediation Service provides the most advanced global rules
intended to assist parties and mediators to take maximum advantage of the flexible
procedures available in mediation for the resolution of disputes quickly and economically.
The Mediation Service guides parties that opt for Dispute Management Clauses in their
project contracts wherein the parties to the contract can jointly appoint a mediator to work
together, in a more collaborative and mutually beneficial environment and oversee that their
contracts proceed smoothly.
The ALP Conflict Resolution Hub Arbitration Service is based on the most efficient
Arbitration Rules which help the parties and arbitrator to use the best available global
practice for the resolution of domestic and international disputes quickly and economically by way of administered arbitration on global standards.
Additionally, the Arbitration Service provides for the appointment of emergency arbitrators,
which allows the parties in need of emergency interim reliefs to make such applications even
before the constitution of the regular arbitral tribunal.
The ALP Conflict Resolution Hub Conciliation Service provides an impartial, fast and
effective conciliation operating to a uniformly high standard in both the public and private
sector.
Participation in the Conciliation Service processes is voluntary, and so are the outcomes.Solutions are reached only by consensus whether by negotiation and agreements facilitated between the parties themselves or by the parties agreeing to settlement terms proposed by the Hub Conciliation Officer who treats as confidential all information received during the course of conciliation and the service is informal and non-legalistic in practice.
The ALP Conflict Resolution Hub Ombudsman Service is a confidential, impartial and
informal service that facilitates the resolution of disputes. A Hub Ombudsman helps parties
analyze problems and assists in identifying options and can, only if requested, become
involved in trying to resolve issues.
What’s more, the Hub Ombudsman Service alert managements to systemic trends and
issues and makes recommendations for necessary changes in their fields.