Termination and dismissal

Ruhigira v Walusimbi Garage (U) Ltd (Civil Suit No. 458 of 2001) [2004] UGHC 50 (4 November 2004);

Flynote: 

Search Summary: 

The plaintiff sued the defendant for unlawful dismissal. That the defendant without notice or any justifiable cause indefinitely suspended him without pay pending investigations.  The plaintiff claimed that ever since the above date he had never been summoned to testify or made aware of the findings of any investigations carried out by the defendant against him.  The defendant denied the claim by contending that the plaintiff was rightly suspended for abuse of office and theft of company funds.

 

Headnote and Holding: 

Court considered whether the indefinite suspension amounted to a dismissal.

 It was held that the plaintiff was dismissed with effect from the date of suspension.

On whether the dismissal was lawful.

Court held that the law was that an employer can terminate the services of his employee at any time and for any reason or for none. Court upheld the position of law that a servant can be instantly dismissed when his conduct is such that it not only amounts to a wrongful act inconsistent with his duty towards his master but is also inconsistent with the continuance of confidence between them.

In the instant case there was overwhelming evidence that the plaintiff was guilty of conniving with the cashier in diverting the defendant’s funds into his own business. 

Accordingly court dismissed the suit holding that the act of diverting the defendant’s money was incompatible with the due or faithful discharge of the plaintiff’s duty to his master hence the master was right to dismiss him without notice.

Whether the plaintiff is entitled to the remedies sought.

 

Court held that he was not entitled to any remedy for it was the defendant who had suffered more injuries at the conduct of the plaintiff.

Pages

Subscribe to RSS - Termination and dismissal