Kabojja Junior School Ordered to Pay Ex-Teacher Shs 26.6 Million Over Medical Retirement

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 ruling, delivered by Justice Anthony Wabwire Musana alongside a panel of assessors, concluded that Kashanku was compelled to retire due to medical incapacity stemming from chronic back pain and numbness.

Kashanku joined the institution in February 2004 and served for 16 years before stepping down in June 2020. She stated that the physical demands of teaching, such as prolonged standing and writing on chalkboards, severely worsened her condition. Although management accepted her retirement letter, they initially refused to pay terminal benefits, arguing that she failed to provide sufficient medical proof and questioning the credentials of the clinical officer who authored her assessment.

However, the court dismissed the school’s arguments, ruling that clinical officers are legally recognized under the Allied Health Professionals Act to provide clinical assessments. Justice Musana emphasized that physical incapacity under the Employment Act does not require an employee to be entirely bedridden, but rather applies when a medical condition makes it impossible to perform essential duties without experiencing severe pain or risking permanent harm.

Consequently, the court awarded Kashanku Shs 15.2 million in statutory severance pay and Shs 11.4 million in general damages, which accounts for 12 months of her basic salary. The court declined to award exemplary damages and directed both parties to cover their own legal costs, effectively concluding Labour Dispute Reference No. 194 of 2021.

Read more details on the ruling from The Observer.