Her condition reportedly worsened over time, with numbness spreading to her fingers and affecting her ability to hold objects.
The Industrial Court has ordered Kabojja Junior School Limited to pay a former teacher Sh26.6m in severance pay and general damages after ruling that she was forced to retire on medical grounds following a prolonged back condition aggravated by her work.
The court awarded Kashanku Jean Joan Sh15.2m in severance pay and Sh11.4m in general damages for the inconvenience, mental anguish and psychological distress she suffered after the school declined to pay her terminal benefits.
In an award delivered on November 13, 2026, Justice Anthony Wabwire Musana, sitting with a panel of three members, ruled that Kashanku’s departure from employment fell within the provisions of Section 86(c) of the Employment Act, which entitles an employee to severance pay where they terminate employment because of physical incapacity not caused by their own serious and wilful misconduct.
Kashanku had worked at Kabojja Junior School for 16 years, having joined the institution on February 10, 2004, as a subject teacher before becoming a class teacher.
She told the court that she developed chronic backache in 2018, which she attributed to prolonged standing, bending, writing on chalkboards and other teaching responsibilities.
Her condition reportedly worsened over time, with numbness spreading to her fingers and affecting her ability to hold objects.
She said she underwent treatment and physiotherapy without significant improvement and that her medical condition eventually made it difficult for her to continue performing her routine teaching duties.
On June 25, 2020, she submitted a letter communicating her immediate retirement on medical grounds. The school accepted her departure effective the same day but rejected her demand for severance pay and other terminal benefits.
The school argued that her retirement was voluntary and that she had failed to provide proper medical certification proving physical incapacity before leaving employment.
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It also challenged a medical report issued by Fulgensio Mukwaya, a Medical Clinical Officer at Bugolobi Medical Centre, arguing that he was not registered or licensed by the Uganda Medical and Dental Practitioners Council.
However, the court rejected the school’s argument, noting that Mukwaya was registered with the Allied Health Professionals Council as a Medical Clinical Officer and held a valid practising licence for 2020.
Justice Musana observed that the Allied Health Professionals Act recognises clinical officers and permits them to provide services within their authorised scope of practice, including issuing relevant medical certificates.
The court further noted that the medical report indicated that Kashanku suffered from chronic backache secondary to lumbar spondylosis and discitis, accompanied by numbness in both lower limbs.
The report also showed that she had undergone physiotherapy and received several medications without much improvement.
The judge observed that physical incapacity under the Employment Act does not necessarily mean that an employee must be bedridden or completely unable to function.
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Rather, it is sufficient for an employee to demonstrate a medically established condition that makes them incapable of performing the essential duties of their particular job without severe pain or risking permanent physical impairment.
The court also faulted the school for failing to arrange an independent medical examination or seek verification from the health facility before rejecting the teacher’s medical evidence.
Justice Musana said the school could have subjected Kashanku to a medical examination by a health provider of its choice if it doubted the report she presented.
The judge noted that the school had accepted her immediate departure after 16 years of service but rejected her statutory entitlement without conducting an internal medical assessment.
On the severance calculation, the court held that an employee is entitled to one month’s salary for every completed year of service.
Although Kashanku had demanded Sh16.15m, claiming 17 years of service, the court established that she had completed 16 full years and was therefore entitled to Sh15.2m, based on her monthly basic salary of Sh950,000.
The court also awarded her Sh11.4m in general damages, equivalent to 12 months’ salary, taking into account her age, length of service, medical condition and limited chances of securing alternative employment.
However, the court declined to award exemplary damages, ruling that the school’s invitation to discuss her retirement further did not amount to malicious, oppressive or high-handed conduct warranting punishment.
Each party was ordered to bear its own costs.
The award was delivered electronically in Kampala on November 13, 2026.