Section 72: Criteria for Unfair Termination in Uganda
72.Criteria for unfair termination
(1)A termination shall be unfair for the purposes of this Part where—
(a)the termination is for any of the reasons specified in section 74; or
(b)it is found out that in all the circumstances of the case, the employer did not act in accordance with justice and equity in terminating the employee from service.
(2)In deciding whether it was just and equitable for an employer to terminate the services of an employee, a labour officer shall consider—
(a)code of discipline set out in Schedule 2 to this Act;
(b)the procedures adopted by the employer in reaching the decision to dismiss the employee, the communication of that decision to the employee and the handling of any appeal against the decision;
(c)the conduct and capability of the employee up to the date of termination;
(d)the extent to which the employer has complied with any statutory requirement connected with the termination, including the issuing of a certificate under section 60 and the procedural requirements set out in section 65; and
(e)the previous practice of the employer in dealing with the type of circumstances which led to the termination.
Plain English Summary
If you lose your job, you have the right to challenge the termination if it is unfair. A termination is unfair if it happens for reasons listed in ano...
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