Labour and Employment Law

Uganda Commercal Bank Ltd v Nabudere and Another (Civil Appeal No. 5 of 2005) [2006] UGSC 8 (28 July 2006);

Flynote: 

Search Summary: 

Wilson Nabudere, , while still alive,
successfully sued the Uganda Commercial
Bank Ltd in the High Court for recovery of a
liquidated sum of money, being accumulated
leave allowances which had accrued to him
before he retired from the appellant’s
employment. After his death the respondents
were joined as parties to the case as the
administrators of his estate. The appellant was

dissatisfied with the decision of the trial court
and appealed to the Court of Appeal. By a
majority decision, the appeal was unsuccessful.
Hence this appeal. The court heard the appeal
and found that it had no merit and dismissed it
with costs. The court reserved its reasons for
doing so, which it then proceeded to give. The
background is that the deceased resigned from
the service of the appellant on terms of the
appellants program but his allowances were not
paid.

Headnote and Holding: 

The court held that The deceased was being
paid while working but the staff manual
authorized him to be paid also the same
benefits as he was working if he had gone on
leave. The fact that he did not go on leave and
was being paid salary and allowances monthly
was for the work he was doing. All the
benefits, for which the deceased would have
been paid if he had gone on leave, became
accumulated. That Leave allowance for the
period the deceased was not paid because he
did not go on leave accumulated just as his
allowances for leave he did take before he
retired accumulated and was payable to him if
he had retired. The new Restructuring
Programme did not and could not prejudice
entitlements that had already accrued.

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