Section 69: How to Challenge Summary Dismissal in Uganda
69.Complaint to labour officer in case of summary dismissal
(1)Where an employee complains that he or she has been summarily dismissed without justification, he or she may, within six months after the date of dismissal, present a complaint to a labour officer who shall seek to settle the matter in the first instance by mediation.
(2)A labour officer presented with a claim under this section shall decide whether the dismissal was justified in the circumstances, having regard to section 74 and to the disciplinary code set out in Schedule 2 to this Act.
(3)Where a labour officer decides that a summary dismissal was unjustified, he or she shall inform the parties of the decision and shall order the employer to pay—
(a)the net wages which the employee would have earned had he or she been given the period of notice to which he or she was entitled under this Act or under his or her contract of service;
(b)where the dismissal ends the contract before the completion of any service upon which the employee's wages become due, the proportion of the wages due for the period of time for which the employee has worked; and
(c)any other losses consequent upon the dismissal and arising between the date of dismissal and the date of expiry of the period of notice referred to in paragraph (a).
(4)The right of the employee to present a complaint under this section shall be in addition to his or her right of complaint of unfair dismissal and any other infringement of his or her statutory rights.
(5)The right of an employee to make a complaint under this section shall be in addition to any right an employee may enjoy under an agreement between the employer or group of employers and a labour union.
(6)For any complaint of unfair dismissal, the burden of proving that a dismissal has occurred rests on the employee, and the burden of justifying the grounds for the dismissal rests on the employer.
Plain English Summary
You have the right to complain to a labour officer if you are summarily dismissed without good reason. You must do this within six months of your dism...
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