HOW AN EMPLOYEE CAN RECOVER HIS OR HER TERMINAL BENEFITS ARISING FROM TERMINATION, WRONGFUL DISMISAL OR UNLAWFULL DISMISAL IN UGANDA
Every employer has a right to hire and fire an employee however termination has to be done legally in accordance with the law.
Laws applicable
- Constitution of the republic of Uganda
- THE EMPLOYMENT ACT, 2006 and the regulation made thereunder.
- THE EMPLOYMENT ACT, 2006 defines employee to mean any person who has entered into a contract of service or an apprenticeship contract, including, without limitation, any person who is employed by or for the Government of Uganda, including the Uganda Public Service, a local authority or a parastatal organization but excludes a member of the Uganda Peoples’ Defence Forces
- THE EMPLOYMENT ACT, 2006 defines employer to mean any person or group of persons, including a company or corporation, a public, regional or local authority, a governing body of an unincorporated association, a partnership, parastatal organization or other institution or organization whatsoever, for whom an employee works or has worked, or normally worked or sought to work, under a contract of service, and includes the heirs, successors, assignees and, transferors of any person or group of persons for whom an employee works, has worked, or normally Works.
As much as the employer has a right to terminate employees services, the law provides an employee benefits for his or her termination or dismissal that the employer must pay. Ie termination notice or payment in lieu of notice, un paid leave if any, unpaid social security contribution if any if any, savings if any, severance pay, repatriation, arrears, compensation, special damages, unpaid salary if any among others.
Any employee whose services are terminated by the employer in total disregard of the law has a right to recover compensation for the same from the employer in accordance to the law.
Below is how such an employer or former employee may recover the same.
Obtain copies of documents showing that you have been an employee for that employer and your services have been terminated.
Find a lawyer and Seek legal guidance from him or her.
Depending on the guidance.
a demand notice cum notice of intention to sue with specific demand should be written and issued to the employer.
In case the employer does not honour the same, write compliant to the labour officer at the district where you have been employed or where the employer is situated.
The labour officer will go through your complaint and notify the employer about your compliant with specific request for a reply.
Upon the reply of the employer the labour officer shall decide which mode of disputes resolution to be applied that is mediation or arbitration, adjudication.
In any of the modes to be applied the labour officer will request the employee complaining to file a claim.
The labour officer shall then summon the employer to reply your claim within a specified period.
A hearing or mediation date shall be set for your claim to be heard where you with your lawyer if any must appear for the same labour officer.
After the labour officer hearing both sides he will issue an award in respect of your claim.
The employer shall then comply with that award accordingly.
Where the employer does not comply with the award proceed to enforce the same against the employer.
Any party dissatisfied with the decision of the labour inspector has to file an appeal to industrial Court for determination of the claim.
Note that where the labour officer is inactive to dispose of your claim or there other issues that he or she has no jurisdiction over, you have a right to request him or her to refer the matter to Industrial Court for disposal or request Industrial court to call for this matter for determination.
The file shall be forwarded and reference given, after which you will file your claim to be heard.
Industrial court then shall hear and determine your claim accordingly.
NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ
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Author: Okumu Martin
A regional transaction legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS.
© Copyright 2022 okumu martin
