Termination and dismissal

Century Bottling Co. Ltd. Vs Maleka William (Civil Appeal No. 34 Of 2001) [2009] UGHC 207 (25 August 2009);

Flynote: 

Search Summary: 

This is an appeal against the judgment and decree of GI in which she gave judgment in favour of the respondent for the sum of shs 1,379,231/= and the costs of the suit.

 

The brief facts from which the appeal arose are that the respondent was employed by the appellant as a cashier. She worked for the appellant company from an unspecified date in 1997 to 12/06/2000 when she was retrenched. The respondent claimed that when she was retrenched, the appellant calculated her dues and found them to be shs 1,379,231/=. Further, that the appellant had since the date of retrenchment failed or refused to pay her the said amount. She thus brought the suit in the lower court for recovery of the same.

The defendant appealed this decision on the following grounds:

 

  1. The learned trial magistrate erred in law and fact in finding that the appellant failed to discharge the burden of proving that the respondent was not entitled to the suit sum.

 

  1. The learned trial magistrate erred in law and fact in finding that the respondent was entitled to the reliefs claimed.

Headnote and Holding: 

Court found that the trial magistrate was correct when she arrived at the finding and ruled that the appellant had failed to prove that the respondent was not entitled to the amount claimed because appellant failed to prove that she contributed to the loss. Ground 1 of the appeal therefore failed.

Court was also of the view that a rate of interest of 15% per annum on the amount claimed from the date of filing suit to the date of delivery of this judgment, and 10% from the date of judgment till payment in full was appropriate to compensate the respondent for her loss of use of her terminal benefits.

 

In the end result this appeal failed. The judgment and orders of the trial court were upheld. The appellant was to pay the respondent the sum of shs 1,379,231/= with interest thereon at the rate of 15% per annum from the date of filing suit till delivery of this judgment, and 10% per annum from the date of judgment till payment in full. The appellant to pay the respondent’s costs for this appeal as well as in the court below.

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