Termination and dismissal

Odeke & 5 Ors Vs Ibero (U) Ltd (CIVIL APPEAL No. 0100 OF 2011) [2019] UGCA 119 (16 November 2018);


Search Summary: 

This appeal arose out of the summary dismissal
of the appellants by the respondent after a
sewing machine got lost while employed as
guards of the respondent. The trial court found
for the respondent hence this appeal on the
grounds that the judge erred in holding that the
summary dismissal was lawful, failure to pay

overtime and work on public holidays and
improper evaluation of the evidence.

Headnote and Holding: 

The court held that as the first appellate court,
they are obliged to re appraise the evidence and
reach an independent conclusion. That the
employee was entitled to dismiss the
employees when there was a material breach of
the contract like in the instant case where a big
machine was lost. That the appellants were
given a chance to be heard but didn’t utilize it.
Hence the summary dismissal was lawful. That
there was no evidence for overtime that
necessitated the overtime pay.


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