On 15 November 2023, the Court of Appeal of Uganda reaffirmed the employer's right to terminate the employment relationship by providing notice or payment in lieu of notice.
It stated that where the notice period is observed, or compensation is paid in lieu thereof, employers are not obliged to give reasons for dismissal under Section 65(1)(a) of the Employment Act.
It is based on the assumption that termination of employment is distinct from dismissal for misconduct or poor performance, which requires procedures and reasons.
On 7 August 2023, the Supreme Court clarified that liability arising from the violation of fundamental rights by the direct employer (the contractor) cannot be extended to the main company in a subcontracting regime since this is an area in which the main company cannot intervene by express legal provision and in which it also has no power of control.
On September 2022, in the case of Kaushal Kishor Singh v/s M/S Sita Kouni World Travel India Limited (Writ Petition (c) 11631 of 2008), the Dehli High Court addressed the issue of the distinction between freelance and employee.
The Court defined a “freelancer” as a person who acts independently, without being affiliated with an organisation, in the business of selling his services and skills to different employers for a specified period, with the ability to pick and choose assignments.
In the recent case of Bank of Uganda v Joseph Kibuuka, the Ugandan Court of Appeal has re-affirmed employers’ right to terminate an employee without reason by either giving notice or payment in lieu of notice.
Later, the Industrial Court, in the case of Asiimwe Apollo v Law Development Centre,stated that employers must give reasons before an employment contract is terminated.
The different treatment depends on the nature of the termination. In a disciplinary dismissal a reason has to be given, while this is not necessary where the employer’s decision is related to a need for restructuring.
In Dong Wei v Shell Trading (Pte) Ltd and anor [2022], the Appellate Division of the Singapore High Court (SGHC(A)) provided guidance on the scope of an employer’s obligations to an employee who was the subject of internal investigations for wrongdoing.
It states that an employer, although he does not find it meaningful or productive to disclose the outcome of an investigation to an employee, should consider to do it in the interest of the employee.
A recent ruling from the Borgarting Court of Appeal has allowed dismissal by email upon delivery in the employee's mailbox to be accepted in some cases.
The decision is a clear exception to the general principle that employers must send dismissal notices to employees in person or by registered letter.
President His Highness Sheikh Khalifa bin Zayed Al Nahyan has issued the Federal Decree - Law No.33 of 2021 - on the regulation of labour relations in the private sector.
It repeals Federal Labour Law No. 8 of 1980 and will take effect from 2 February 2022.
The new legislative framework is in line with the ILO Fundamental Principles and Rights at Work, as established in several trade agreements signed by Viet Nam;
New laws and policies put greater emphasis on social dialogue at the workplace and collective bargaining.