Furthermore, the finding of the High Court of UGANDA in
Tumusiime Fidelis vs. Attorney General (Civil Suit No.88 of
2003) is amply instructive in as far as the Court held that:
“…..the law in case of unlawful termination of contract
of employment, with no provision for termination prior
to expiry of the fixed period is that the employee is
entitled to recover as damages the equivalent of
remuneration for the balance of the contract period.
This is in contrast unlawful termination of a contract
that has a stipulation of termination by either party.
In such a case the wronged employee is entitled to
recover damages the equivalent of remuneration for the
period stipulated in the termination notice.”
In addressing prayer (C), we therefore find it relevant to borrow
the above findings and apply them to the instant case.
Pursuant to the Council’s decision, Ms. Angella Amudo’s
employment contract would have covered a five year period; from
1st November, 2008 up to 1st November, 2013. Contrary to the
aforesaid decision, her contract was unlawfully terminated on
30th April, 2012 as indicated elsewhere above.
Therefore, prayer (C) is allowed to compensate the loss incurred
during the period comprised between 1st May, 2012 and 1st
November, 2013 to top up a 5 year employment contract she was
given by the Appointing Authority, to wit USD9,024,00.
With regard to prayer (D) to which general damages for pain and
mental anguish are sought, we equally need to define it as we did
CLAIM NO.1 OF 2012
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