The Industrial court in Kampala has ordered Kabojja Junior School Limited to pay former teacher Jean Joan Kashanku Shs 26.6 million in severance pay and general damages. The court ruled that Kashanku was compelled to retire because of medical incapacity. Justice Anthony Wabwire Musana, sitting with a panel of experts, held that Kashanku was entitled to statutory severance pay after establishing that her deteriorating health made it difficult for her to continue performing her teaching duties.
Kashanku joined Kabojja Junior School as a subject teacher on February 10, 2004, and was appointed class teacher in June of the same year. On June 25, 2020, she submitted a letter communicating her immediate retirement on medical grounds, citing chronic back pain and numbness in her hands. Her condition developed in 2018 and progressively worsened due to the physical demands of teaching. She informed the school's management about her medical challenges and was provided with a different chair and permission to attend physiotherapy sessions.
The school accepted her retirement but rejected her demand for severance pay and other terminal benefits, arguing that she had not provided sufficient medical evidence before leaving employment. The school also maintained that her employment contract required three weeks' written notice or payment in lieu of notice and did not expressly provide for retirement benefits. The dispute was referred to the Industrial court after the school declined to pay the claimed benefits.
The court considered Kashanku's age, length of service, medical condition, and limited prospects of securing alternative employment when determining the damages. The court awarded her Shs 15.2 million in severance pay for 16 completed years of service and Shs 11.4 million in general damages, equivalent to 12 months of her basic salary of Shs 950,000. The court declined to award exemplary damages and directed each party to meet its own legal costs.
The school challenged the medical report presented by Kashanku, arguing that it was authored by Fulgensio Mukwaya, who was not registered or licensed as a medical practitioner by the Uganda Medical and Dental Practitioners Council. However, the court rejected this argument, observing that Mukwaya was registered with the Allied Health Professionals Council as a medical clinical officer and held a valid practising licence for 2020.
Justice Musana ruled that physical incapacity under Section 86(c) of the Employment Act does not require an employee to be bedridden or completely unable to function. An employee qualifies where a medically demonstrable physical condition makes it impossible to perform essential duties without severe pain or risking permanent physical impairment. The court was satisfied that Kashanku had established, on a balance of probabilities, that her medical condition had compelled her to leave employment to protect her health.
The judgment brings to an end Labour Dispute Reference No. 194 of 2021, which arose from a complaint initially lodged at the Kampala Capital City Authority Labour Office. The school was represented by lawyers Isaac Bakayana and Juma Omollo of Acardia Advocates, while Stanley Okecho of Gem Advocates represented Kashanku. The court's decision sets a precedent for employers to take reasonable steps to establish the extent of an employee's incapacity before rejecting a claim.
Key points
- The Industrial court ordered Kabojja Junior School to pay former teacher Jean Joan Kashanku Shs 26.6 million in severance pay and general damages.
- The court ruled that Kashanku was compelled to retire due to medical incapacity, citing chronic back pain and numbness in her hands.
- The judgment sets a precedent for employers to take reasonable steps to establish the extent of an employee's incapacity before rejecting a claim.
