Termination and dismissal

Kengrow Industries Ltd. v Chandran (Civil Appeal No. 7 of 2001) [2002] UGSC 19 (22 April 2002);

Flynote: 

Search Summary: 

The respondent brought a suit in the High Court for breach of
contract of employment and claimed damages, interests and
costs of the suit. The appellant company cross-claimed against
the respondent. The trial judge entered judgment for the
respondent and dismissed the cross-claim, the appellant’s
appeal was dismissed hence this appeal.

Headnote and Holding: 

The court commenting on its role stated that in an appeal where
a complaint is based on mixed law and fact, even if not bound to
re-evaluate the evidence, in order to decide the complaint
concerned the court evaluates evidence especially in view of
the unrestricted right of appeal conferred on appellants in civil
appeals.
The court observed that the company had breached the
contract by placing another officer in the respondent’s office
while on vacation without notice and on return he was made to
carry out petty jobs. The court also observed that the term of the
contract was two years since it’s the duration of the work permit
the company had got for the respondent.
The court observed that the employee is entitled to damages
where the employer is liable for breach of contract and where
no notice is given, the claimant is entitled to the payment for the
remaining contractual period.

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