THE REPUBLIC OF UGANDA

IN THE INDUSTRIAL Court of UGANDA

LABOUR DISPUTE CLAIM NO.__________OF 2025

(Arising from MGLSD/LD/274/2024)

IN THE MATTER OF THE LABOUR DISPUTES (ARBITRATION AND SETTLEMENT) ACT

CAP 226.

AND

IN THE MATTER OF THE EMPLOYMENT ACT CAP 226

BETWEEN

JANE AKOL.............................................................................................. CLAIMANT.

VERSUS

FINANCE CONSTRUCTION BANK (U) LTD........................................... RESPONDENT.

MEMORANDUM OF CLAIM

1. The Claimant is an adult female Ugandan citizen of sound mind

and resident in Uganda whose address for purposes of this suit shall be

T.NT. & G Advocates, Level 1 Suite 181, Victoria Towers, P.O Box 1968,

Kampala.

2. The Respondent’s known particulars are that it is a body corporate

incorporated in Uganda to wit Finance construction Bank (U) Ltd with

capacity to sue and be sued and the Claimant’s Advocates

undertake to effect service of court process on it.

illegal and/or unfair dismissal from his employment with the Respondent, to

with motivated by personal differences with the new manager, reason of

which he seeks the following remedies:

4. General Damages for the unfair loss of employment opportunity and

earnings, immense mental suffering, embarrassment and financial loss at

the instance of the Respondent;

a) Special Damages to wit;

b) Payment in lieu of notice for 10 months days.

c) Cost of repatriating from Gulu to Kampala to 35,000,000/=

d) Severance pay

e) Aggravated damages

f) Cost of the claim and

g) Interest therein.

5. The Claimant’s cause of action against the Respondent arose as follows:

a) By letter of appointment dated 19th March 2023, claimant was

employed by Finance construction Bank (U) Ltd until 15th January 2024

when she was dismissed from her employment. Her employment

contract was for an indefinite period, renewable subject to satisfactory

performance, and included a six-month probationary period, which she

successfully completed.

b) The claimant consistently received average to good performance

reviews until mid-2023 when a new branch manager, Mr. Patrick

Twesigye, was assigned to the branch. Within a few months, her ratings

dropped significantly. She was accused of “persistent poor performance

and lack of commitment to team goals.” These accusations, she

contends, were neither substantiated nor formally discussed with her.

without warning, her ratings dropped to 2.1/5.The performance

appraisal were conducted by Mr. Twesigye alone, contrary to the usual

practice involving the HR department.

d) Jane claims she never received any official warning letters. The bank on

the other hand claims that verbal warnings were issued in August and

September 2023, although there is no documentation to support this.

Jane asserts she requested feedback in writing but never received any.

On 5th January 2024, she received a letter titled “Notice of Concern”

and was required to respond in writing within 48 hours. She submitted a

3-page written response defending her performance and challenging

the appraisal methods used.

e) On 10th January 2024, she received an invitation to a performance

review meeting, which was chaired by Mr. Twesigye and one HR Officer,

with no union representative present. Jane alleges that the meeting was

a formality, lasted only 15 minutes, and her response was not discussed

in detail.

f) On 15th January 2024, she received a dismissal letter citing gross

incompetence and failure to meet performance standards over an

extended period. She was not paid in lieu of notice, nor was she given a

severance package. Her final salary was withheld due to an ongoing

audit related to missing client documents, for which she was never

formally implicated.

g) Jane claims the dismissal was motivated by personal differences with the

new manager. She points to discriminatory remarks allegedly made by

Mr. Twesigye regarding her family distractions and poor work ethic

compared to younger staff. The staff performance dashboard,

worst at the branch.

h) The bank denies wrongdoing, claiming it followed internal HR

procedures. It also asserts that Jane was given a chance to improve and

failed. The bank insists the termination was based on merit and objective

appraisals, and that she was not entitled to notice due to the gross

misconduct.

i) On 16th January 2024 Jane lodged a complaint vide MGLSD 274 OF 2024

to the Labour officer. The matter was referred for mediation which failed

hence its reference to the Industrial Court.

6. The Claimant shall plead that the Respondent dismissed her from

employment unlawfully, unfairly, arbitrarily and wrongfully without any

lawful excuse or justification.

7. The Claimant holds the Respondent liable for its non-compliance with

internal HR procedures , the law and resultant mental anguish, ridicule,

embarrassment, injury to his reputation, loss of esteem and financial loss.

8. The Claimant shall further plead and aver that the Respondent’s actions of

breach of contract dismissing her, holding a 15 minutes meeting, hearing

and consequently dismissing her from employment was in direct conflict

with the law, internal HR procedures and therefore illegal.

9. The Claimant pleads that the Respondent’s act of withholding her

salary that she was entitled to asper his contract of employment during

after dismissal to wit payment in lieu of notice for 7 days was without legal

basis or jurisdiction and is illegal. The Claimant shall pray that the same be

paid to her in special damages as well as interest therein.

10. Particulars of Special Damages

(a) Salary for MORE than 9 months

contract of employment without due notice stipulated by the

Employment Act Cap 226 that requires a six months’ notice in regard

to the fact that the claimant had been in employment for more than 9

months.

11. The Claimant’s cause of action against the Respondent arose at Kampala

within the jurisdiction of this Court and notice of the same was

sufficiently brought to the attention of the Respondent.

12. WHEREFORE the Claimant shall pray that the suit be determined in his favour

and Court be pleased to make the following Orders and Declarations

and/or reliefs:

i. A declaration that the Claimant’s dismissal was unlawful,

wrongful and/or unfair;

ii. An award of General damages for the unfair loss of employment

opportunity and earnings, immense mental suffering, embarrassment

and financial loss at the instance of the Respondent;

iii. Special Damages;

iv. Aggravated damages for the highhandedness of the Respondent;

v. Costs of the claim;

13. Interests thereon on (ii), (iii), (iv), and (v) above at 28% p.a from the time the

cause of action arose till payment in full;

14. Any other relief as the Court shall deem fit.

Dated at Kampala this ______ day of ____________ 2025

______________________________

T.N.T & G Advocates

Counsel for the Claimant.