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Court clarifies what amounts to constructive dismissal in employment in the case of Mbiika Dennis V Centenary Bank

Industrial Court of Uganda. Labour Dispute Claim No. 023 of 2014

Hon. Justice Asaph Ruhinda and  Hon. Justice Lillian Tumusiime in delivering their  judgment  discussed what can amount to constructive dismissal in employment.  They stated that, where the contract service is ended by the employee with or without notice as a consequence of unreasonable conduct on the part of the employer towards the employee, the employee is said to have been constructively dismissed. The claimant in this case referred to his supervisor as a person who was harsh and made conditions of work unbearable.

The learned judges also discussed the importance of employers granting their employees rest days for purposes of making employees rejuvenate and work better. This is also a requirement of the law under Section 54 of the Employment Act. The failure to grant leave entitles the employee  to constructively terminate a contract.