Legal Alert Employment
Legal Alert Employment
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LLB(Hons), Dip.L.P. LDC, LLM FELLOW
LEGAL ALERT.
TOPIC: TERMINATION OF EMPLOYMENT CONTRACTS.
In a rather reverberating decision, the Court of Appeal, in the case of
Stanbic Bank (Uganda) Limited vs Nassanga Saphinah Kasule Civil
Appeal No. 182 of 2021 has once again reiterated the long-established
legal position that employers need not give any reason for termination of
employment to employees in circumstances where the employment
contract is silent on it.
It also suffices to mention that the Court of Appeal went ahead to
establish that the only obligation an employer has is to give sufficient
notice as provided for under the law. “Section 58 of the Employment Act”.
More to that, the court further established that where employers terminate
employees without making allegations against them, there is no need for
a hearing. The effect of this decision is that employers have
unrestricted rights to terminate any employment relationship without a
hearing where no allegations are made and without offering a reason
provided, they give sufficient notice or payment in lieu of notice.
In light of the foregoing and in the alternative thereafter, moving forward,
employees will have to negotiate for terms that govern their termination if
they are to protect their rights.
Gukiina Patrick Musoke is a lawyer, writer, author, researcher and Lawyers for
lawyer’s international awards nominee 2023.