Insights

High Court holds that court has no jurisdiction to interfere with the assessment of disability in a suit for enforcement.

In a recent ruling in a case before the High Court of Uganda, Hon. Justice Boniface Wamala in Stanbic Bank (U)Ltd v Odoro Susan Civil Appeal No. 89 of 2018 substantiated matters regarding the workers compensation specifically on challenging an assessment of disability, and enforcing a claim to compensation.

What is the background?

Susan(respondent) had been an employee of Stanbic Bank(appellant)for an uninterrupted period of 31 years until 2014 when she applied for and was granted early retirement based on a medical condition she believed to have been sustained from work. She filed a complaint to a labour officer who referred her to a general medical doctor who assessed her permanent incapacity at 40%. Stanbic Bank challenged the findings and the matter was referred to the Medical Arbitration Board which also made an assessment of permanent incapacity on the Respondent at the rate of 40%. The labour officer made a statutory calculation of the compensation which was served upon the Appellant who didn’t respond within the prescribed period.

Susan filed an application for enforcement of a claim arising out of an assessment and computation made by the Labour officer under the Workers Compensation before the Magistrate Court which found for her (Susan). Stanbic Bank decided to appeal the decision.

What issues were before the court for determination?

The issues for determination were whether the Trial Magistrate erred in holding that;

What were the determinations of the court?

The court held that;

What are the key highlights from this decision?

The key highlights to note include the following;

Conclusion

This case highlights the law on compensation of injured workers and specifically the mode of challenging decisions arising from a claim made by the injured worker and suits for enforcement of claims to compensation. It's important that HR managers and top management take note of such procedures and also seek guidance from their legal teams at every stage on the available options.

DISCLAIMER: This article is for general information only and reflect the position at the date of publication. It does not constitute legal advice. For any further information or advice relating to this article, please contact us.



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