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 after ruling that she was compelled to retire because of medical incapacity.In a judgment delivered on Friday, November 13, justice Anthony Wabwire Musana, sitting with panellists Amos Lapenga, Emmanuel Bigirimana and Dr Oling Dawn Kerjew, held that Kashanku was entitled to statutory severance pay after establishing that her deteriorating health had made it difficult for her to continue performing her teaching duties.The court awarded her Shs 15.2 million in severance pay for 16 completed years of service and Shs 11.4 million in general damages, equivalent to 12 months of her basic salary of Shs 950,000. In determining the damages, the court considered her age, length of service, medical condition and limited prospects of securing alternative employment.However, the court declined to award exemplary damages and directed each party to meet its own legal costs.Court records indicate that Kashanku joined Kabojja Junior School as a subject teacher on February 10, 2004, before being appointed class teacher in June of the same year.On June 25, 2020, she submitted a letter communicating her immediate retirement on medical grounds, citing chronic back pain and numbness in her hands.She told the court that her condition developed in 2018 and progressively worsened because of the physical demands of teaching, including prolonged standing, bending, writing on chalkboards, marking examinations and preparing lessons.She argued that the condition eventually affected her ability to hold objects and perform routine teaching duties. She testified that she had informed the school’s management about her medical challenges and was provided with a different chair and permission to attend physiotherapy sessions.However, in a letter dated July 1, 2020, the school accepted her retirement but rejected her demand for severance pay and other terminal benefits, arguing that she had not provided sufficient medical evidence before leaving employment.The school also maintained that her employment contract required three weeks’ written notice or payment in lieu of notice and did not expressly provide for retirement benefits.The dispute was subsequently referred to the Industrial court after the school declined to pay the claimed benefits. In its defence, Kabojja Junior School challenged the medical report presented by Kashanku, arguing that it had been authored by Fulgensio Mukwaya, whom it claimed was neither registered nor licensed as a medical practitioner by the Uganda Medical and Dental Practitioners Council.The school further argued that Mukwaya had recommended relieving Kashanku of routine duties to facilitate her recovery rather than permanently retiring, and that she had not explored the possibility of taking up alternative duties.However, the court rejected the argument that the medical report was legally invalid simply because its author was not a medical doctor.Justice Musana observed that evidence before the court showed that Mukwaya was registered with the Allied Health Professionals Council as a medical clinical officer and held a valid practising licence for 2020.The court explained that the Allied Health Professionals Act recognises clinical officers and permits them to provide specified healthcare services within their authorised scope of practice, including issuing relevant clinical assessments and certificates.The judge further ruled that physical incapacity under Section 86(c) of the Employment Act does not require an employee to be bedridden or completely unable to function.Rather, an employee qualifies where a medically demonstrable physical condition makes it impossible to perform essential duties without severe pain or risking permanent physical impairment.The court was satisfied that Kashanku had established, on a balance of probabilities, that her medical condition had compelled her to leave employment to protect her health.It also faulted the school for failing to arrange an independent medical examination or seek verification from her healthcare provider before rejecting her claim.Justice Musana said an employer who has doubts about an employee’s medical condition should take reasonable steps to establish the extent of the incapacity instead of simply dismissing the medical evidence presented.On severance pay, the court relied on Section 86(c) of the Employment Act, which provides for severance where an employee terminates an employment contract because of physical incapacity not caused by their own serious and wilful misconduct.The court, however, dismissed Kashanku’s claim for exemplary damages, ruling that the school’s conduct did not meet the threshold of being malicious, oppressive, vindictive or high-handed.The judgment brings to an end Labour Dispute Reference No. 194 of 2021, which arose from a complaint initially lodged at the Kampala Capital City Authority Labour Office.The school was represented by lawyers Isaac Bakayana and Juma Omollo of Acardia Advocates, while Stanley Okecho of Gem Advocates represented Kashanku.The post Medical retirement: Kabojja Junior School ordered to pay former teacher Shs 26.6m appeared first on The Observer Media Ltd.