Medical retirement: Kabojja Junior School ordered to pay former teacher Shs 26.6m

What the report says

The Industrial Court in Kampala has ordered Kabojja Junior School Limited to pay former teacher Jean Joan Kashanku Shs 26.6 million after finding that she was effectively compelled to retire on medical grounds. The ruling, delivered on Friday, November 13, was issued by Justice Anthony Wabwire Musana sitting with panellists Amos Lapenga, Emmanuel Bigirimana and Dr Oling Dawn Kerjew.

The court awarded Shs 15.2 million in severance pay for 16 years of service and Shs 11.4 million in general damages, based on her basic monthly salary of Shs 950,000. It accepted that Kashanku’s health had deteriorated to the point that she could no longer carry out the essential demands of teaching without serious pain or risk to her condition. The judge said she had shown that her back pain and numbness in her hands made continued work difficult, and that the school had not taken enough steps to verify her medical situation before rejecting her claim.

Kashanku joined the school in 2004 and retired in June 2020 after reporting chronic health problems. Kabojja Junior School had argued that her medical paperwork was insufficient and that she should have explored other duties, but the court rejected those objections. It also declined to award exemplary damages and ordered each side to meet its own legal costs. The decision ends Labour Dispute Reference No. 194 of 2021, which began at the Kampala Capital City Authority Labour Office.