Compulsory Retirement

Othieno v Uganda Broadcasting Corporation (CIVIL SUIT No. 107 OF 2013) [2015] UGHCCD 24 (30 March 2015);


Search Summary: 

The plaintiff in this case filed this suit against the defendant for unlawful mandatory retirement from her employment. The plaintiff thus prayed for adequate compensation, special and general damages, interests and costs of the suit.


During scheduling conference, the issue agreed upon for determination were,

Whether the mandatory retirement was unlawful.

Whether the parties were entitled to the reliefs sought.


The plaintiff averred that her contract with the defendant was terminated on the basis of mandatory retirement age, which was unlawful and unfair as her employment was governed by a contract of employment and not a retirement policy.


The defendant on the other hand submitted that her contract expired and was not renewed since she was nearing retirement. That mere issuance of a new identity card was not an indicator that the contract was renewed.

He further stated that upon retirement, the plaintiff was paid all her benefits.


Headnote and Holding: 

As regards issue one, the court found that as part of the defendant policy, they had a right to mandatorily retire the plaintiff as she had nearly reached the mandatory retirement age.

Thus the plaintiff was retired within the law.



Further, the claim for damages was accordingly dismissed on grounds that the mandatory retirement was lawful.

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