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What are the time limits for lodging an employment claim or dispute?
| NATURE OF COMPLAINT | TIME PERIODS |
| Unfair Termination | 30 days from the date of dismissal |
| General labour complaints | Within three (3) months from the date on which the Commissioner issued the Certificate of Outcome |
| Referral to Industrial Court | A party may request that a dispute be referred to the industrial court after four (4) weeks from its commencement or may refer it themselves to the industrial court if it is not referred to the industrial court within eight (8) weeks from the date it was first reported. |
What is remuneration and how is it calculated?
Generally, remuneration is any payment in money or in kind or both, made or owing to any person in return for that person working for the employer.
What is meant by Wage?
Wages are remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an oral or written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance. The wages should be paid in legal tender to the worker at the workplace or with the prior written consent of the worker, wages may be paid by bank cheque, postal order, money order or by direct payment to the worker's bank account.
What to do when an employer refuses to pay a due salary after the employee resigned?
The Basic Conditions of Employment Act allows only certain deductions from salary for debt and damages caused to the employer. The employee must have agreed to the deduction. A refusal to pay salary is a breach of contract and contrary to the Employment Act. The employee may lodge a complaint with the labour officer. The employee can also institute a civil claim in the same regard should the circumstances be of such a nature as to allow the claim.
What can an employer deduct from my salary?
Deduction from wages (either direct or indirect) for the purpose of obtaining or retaining employment is not allowed. Deduction from wages is permitted in case of any tax, rate, subscription or contribution imposed by law and in any other case where a worker has agreed to the deduction. Union dues may also be deducted from the wage, provided that the amount of deduction must not exceed two-thirds of the wages due in respect of that pay period. An employer should provide itemised pay statement to all workers in writing, in a form and language that is understandable by the worker. These payslips should contain the worker's gross salary and the details related to the amount and purpose of deductions made.
What is notice pay?
Notice pay is the amount of money an employer can pay an employee in lieu of notice when the employee’s service is terminated.
How long does the company have before they have to pay you after the last day worked?
The employer must pay within 7 days of the last working day.
Can an employer recover the outstanding balance of a loan made to the employee during employment?
Yes, the employer can enter into an agreement with the employee to repay the loan, but the payment must be agreed to in writing and cannot be more than 25% of the remuneration of the employee. The employer may also institute a civil claim for damages.
Can an employer withhold a certificate of service?
The employer is by law bound to always give an ex-employee a certificate of employment and can not derogate from this obligation.
What notice periods are applicable when you tender your resignation?
The statutory notice periods are as follows:
- At least two weeks’ notice where a person has been employed with an employer for more than 6 months but less than one year.
- At least one month notice where a person has been employed with an employer for more than 12 months but not more than five years.
- At least two months’ notice where a person has been employed with an employer for more than 5 years but less than 10 years.
- At least three months’ notice where a person has been employed with an employer for ten years or more.
These periods may be varied by the employer in a contract of employment or agreement, provided that the same notice period agreed upon also applies to the employer.
When can I give notice of resignation?
The notice of termination of a contract of employment must be given in writing. In the case of termination by an employer, notice may not be given during any period of leave to which the employee is entitled – meaning that the employer may not give an employee notice of dismissal or termination of the contract while the employee is on annual leave, maternity leave etc. There is no provision in the Act which prohibits the employee from giving the employer notice of termination whilst the employee is on any period of leave to which he is entitled. Under certain circumstances, the employer may terminate a contract of employment without notice. This is for instance in cases of summary dismissal or termination upon the attainment of the age of retirement. Can you give 24-hour notice? Giving the employer 24 hours’ notice is unlawful and should the employee act in that manner the employer would be entitled to sue the employee for breach of contract. Can you pay the employee instead of notice? Should an employee give notice of resignation, or should the employer give notice of termination of contract or dismissal, and the employer requires the employee to leave the premises immediately, the employer is still obliged to pay the employee for the full period of notice given by the employee. Should an employee give notice of resignation, but the employee requests to leave the employment immediately, then the employer has the right to grant that request, but then the employer is not obliged to pay the employee for the period of notice given. What payments can I expect when I resign? Generally, upon resignation or dismissal, an employee is entitled to be paid the notice pay where applicable; salary up to last day worked; and any outstanding leave pay and any other
Can you give 24-hour notice?
Giving the employer 24 hours’ notice is unlawful and should the employee act in that manner the employer would be entitled to sue the employee for breach of contract.
Can you pay the employee instead of notice?
Should an employee give notice of resignation, or should the employer give notice of termination of contract or dismissal, and the employer requires the employee to leave the premises immediately, the employer is still obliged to pay the employee for the full period of notice given by the employee.
Should an employee give notice of resignation, but the employee requests to leave the employment immediately, then the employer has the right to grant that request, but then the employer is not obliged to pay the employee for the period of notice given.
What payments can I expect when I resign?
Generally, upon resignation or dismissal, an employee is entitled to be paid the notice pay where applicable; salary up to last day worked; and any outstanding leave pay and any other entitlements outstanding as at the date of resignation.
Can my employer prohibit me from taking up employment with a competitor?
Restraint of Trade Agreements are not regulated in terms of labour legislation. The employer will usually require an employee to sign a Restraint of Trade agreement where the employer feels it necessary to restrain the employee party or limit the employee party in his employment activities should he leave the service of the employer.
A restraint requirement would arise where the employer needs to protect, his economic interests; trade secrets; secret formulas; price lists; customer database information, etc.
The rationale behind a restraint is the need to take certain action to ensure that information will not fall into the hands of a competitor if the employee leaves his service and take up employment with a competitor or becomes a direct competitor.
The restraints usually prohibit the employee from taking up employment with a competitor, supplier, or customer of the employer within a certain geographical area or a certain radius of the employer’s premises; and for a certain period, the employee leaves the service of the employer.
The Restraint of Trade agreement must be reasonable in terms of the protection sought, and the applicable terms and conditions as to the geographical area and time. In determining the legality and enforceability of such an
agreement, factors that will be considered include the nature of the restricted activity; the geographical area applicable; the period for which the agreement is applicable; and the particular interests that the employer is seeking to protect.
Employees should not sign such restraints without first obtaining professional advice, by consulting an attorney who specialises in the Law of Contract or Employment Law, to assess the agreement.
Substantive fairness
The employer must have a proper and fair reason for dismissing the employee. In all circumstances, the employer must ensure that he answers the question of whether there a fair reason to dismiss the employee and whether the dismissal appropriate under the circumstances are positive for there to be a fair reason for dismissal.
A ‘fair’ reason can be one of these:
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Misconduct (the employee has done something seriously wrong and can be blamed for the misconduct.
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Incapacity (the employee does not do the job properly, or the employee is unable to do the job due to illness, disability, or lack of skill)
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Retrenchment or redundancy (the employee is cutting down on staff or restructuring the work and work of a particular kind has changed.
Procedural fairness
Was there a fair procedure before the employee was dismissed?
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The employee must always have a fair hearing before being dismissed. In other words, the employee must always get a chance to give his/her side of the story before the employer decides on dismissal.
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If the employee feels the dismissal was unfair, either substantially or procedurally, then this can be referred to the labour officer and thereafter to the industrial court if necessary.
What constitutes dismissal?
Dismissal means:
An employer terminates a contract of employment with or without notice
A contract employee whose fixed-term contract is suddenly ended or renewed on less favourable terms, where the employee expected the contract to be renewed because it has often been renewed or because an expectation exists that the employment will be ongoing.
A woman who is not taken back into her job after maternity leave.
An employer dismisses several employees for the same reason (for example for being on strike) and offers to re-employ only one or more but not all.
An employee who was forced to walk out or resign because the employer made the working environment impossible to tolerate.
The employee leaves his or her work (with notice or without notice) because a new employer has taken over the business and is not paying the employee the same wages and conditions of employment he/she enjoyed before.
Employees have been retrenched. The employer must pay the employee severance pay. The payment must include the value of payment in kind. So, the employee must get wages for the hours worked, plus any leave pay, plus notice or payment in lieu of notice, plus severance pay.
Employees in these circumstances are entitled to fair dismissal reasons and fair dismissal procedures under the Employment Act. An employee could therefore claim unfair termination where any of the foregoing circumstances appear.
When can an employee be dismissed for misconduct?
Dismissals for misconduct will only be fair if:
The employee broke a rule in the workplace
The rule was reasonable and necessary
The employee knew of the rule or should have known of the rule
The employer applied the rule consistently
It is appropriate to dismiss the employee for this reason, rather than taking disciplinary action or imposing a lesser penalty, such as a final warning.
Employees should not be dismissed due to minor mistakes, or for a first offence, unless it is very serious such as gross insubordination or dishonesty, intentional damage to the employer’s property, putting others’ safety at risk or physical assault of a co-employee.
Before deciding to dismiss the employee for misconduct, the employer must consider:
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the employee’s circumstances (for example length of service, previous disciplinary record, and personal circumstances)
the nature of the job
the circumstances in which the misconduct took place.
Fair procedures:
Employees must keep records for each employee and if there is repeated misconduct the employer must give the employees warnings. A final warning for repeated misconduct must be given in writing.
There must be a fair hearing within the precepts of the law.
What steps can you take if you have been unfairly dismissed?
If an employee thinks the dismissal was unfair, in other words, that the employer didn’t follow fair procedures or there is not a ‘good reason’ for the dismissal, then the employee challenges the dismissal by referring a dispute to the labor officer. If the dismissal is found to be unfair, the employee may be reinstated or re-employed, and/or receive compensation.
Reinstatement:
- means the employee gets the job back as if he/she was never dismissed.
Re-employment:
- means the employee gets the job back but starts as a new employee.
Compensation:
The employee is likely to get compensation if:
- The employee does not want the job back;
- The circumstances surrounding the dismissal would make the relationship between the employer and employee intolerable;
- It is not reasonably practical for the employer to take the employee back;
- The dismissal is unfair merely because the employer failed to comply with a fair procedure but there was a good reason for dismissal (procedural or substantive unfairness).
The compensation would be calculated within the precepts of the law.
What constitutes retrenchment or redundancy dismissal?
An employee can retrench employees for ‘operational requirements based on the employer’s ‘economic, technological, structural or similar needs.
What does “Operational Requirements” mean?
Operational requirements as “requirements based on the economic, technological, structural, or similar needs of an Employer”.
The process involves participation by all concerned parties at various levels.
When can an employee be dismissed for incapacity?
A dismissal for incapacity can be for poor work performance, physical disability or ill health or incompatibility/unsuitability. When deciding whether a dismissal for incapacity was fair or not, the following must be considered:
- whether the employee failed to work to a required standard
- whether the employee was aware of the standard
- whether the employee was given a fair chance to meet the standard.
- whether the dismissal is the appropriate outcome for failing to meet the standard
- whether the incapacity is serious and what the likelihood is of an improvement
- whether the employee could be accommodated in an alternative position should one be available.
Dismissal for poor performance will only be fair if the employer:
- has given the employee proper training, instructions, evaluations, guidance, and advice
- assessed the employee’s performance over a reasonable period
- investigated the reasons for continued poor performance
- investigated ways of solving the problem without resorting to dismissal
- gave the employee a chance to be heard before deciding to dismiss
- considered employing the employee in an alternate and appropriate decision should one be available
Dismissals due to (temporary/permanent) ill health or disability will only be fair if the employer:
- investigated the degree and duration of the injury or incapacity.
- considered ways of avoiding dismissal for example getting a temporary employee until the sick employee is better
- tried to find alternative work for the employee to do
- tried to adapt the work so the employee could still do it
- gave the employee the chance to be heard before deciding to dismiss.
How ill or disabled the employee is (degree of incapacity) and for how long he/she is likely to remain ill or disabled (duration of incapacity), as well as the reason for the incapacity, will be considered in deciding whether the dismissal was fair or not.
What constitutes an automatically unfair dismissal?
The following reasons for dismissal are invalid. The dismissal will be regarded as automatically unfair if the worker was dismissed for:
- exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
- taking part in lawful union activities.
- taking part in a legal strike or other industrial action or protest action.
- refusing to do the work of someone else who is on strike.
- being pregnant, or any reason related to pregnancy.
- refusing to accept a change in working conditions.
- reasons that are due to arbitrary discrimination.
- a reason relating to a transfer following a merger of the company with another organization.
- where an employee is dismissed following a disclosure made by him/her in terms of the ‘Disclosure of Information Act’
What can the employee do when the employer makes working conditions intolerable?
Constructive dismissal means the employee resigns and claims that the resignation occurred because of the employer’s intolerable conduct. To convince an arbitrator or judge that unfair constructive dismissal has taken place the employee must show that:
- The employment circumstances were so intolerable that the employee could truly not continue to stay on;
- The unbearable circumstances were the cause of the resignation of the employee;
- There was no reasonable alternative at the time but for the employee to resign to escape the circumstances;
- The unbearable situation must have been caused by the employer;
- The employer must have been in control of the unbearable circumstances.
What must I do if I am being harassed, intimidated and/or victimised?
It often happens that when an employer wishes to “get rid of” an employee, he/she adopts tactics that create extremely unpleasant or unacceptable working conditions. This may take many different forms – it could involve spreading malicious rumours about the employee or insulting them or degrading them, overloading them with work, continually picking on them, swearing at the employee, using foul and vulgar or abusive language towards the employee, and so on.
Such behaviour is unacceptable and a violation of the employee’s right to be treated with dignity and respect. Employers have a duty to protect their employees from harassment as opposed to subjecting employees to harassment.
The employee should:
- keep notes of all incidents;
- note the date and time of all the incidents;
- note the exact nature of the incidents;
- note the names of any witnesses;
- Request the assistance of an EAP person;
- share the details of the incidents with a trusted fellow employee;
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The harasser should be confronted and informed of his/her unacceptable behaviour. You can demand, in writing, that the harasser immediately cease the unacceptable behaviour. The employee can state that should the harasser not cease the harassment, the employee will refer the matter to the CCMA for conciliation, and if that fails, the matter will proceed to the Labour Court.
A trademark is a distinctive sign, symbol, phrase, word or any other representation which identifies certain goods or services such as those produced or provided by a specific person or enterprise.
Trademark protection helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. Trademarks have long been used by manufacturers and traders of goods to distinguish their goods from those sold by others.
The trademark holder has the exclusive right to prevent unauthorized third parties from using the said trademark, or a confusingly similar trademark, to prevent customers and the public from being misled and the trademark itself from being exploited economically.
Copyright is a term that refers to the rights that creators have over their original artwork, especially artistic and literary works, regardless of their mode of composition, function, or nature.
A copyright protects a wide variety of original and/or creative expressions, such as novels, poetry, music, paintings, photographs, sculptures, architecture, films, computer programs, video games, original databases, etc. In most countries, copyrights also protect sketches, drawings or designs of manufactured Products.
Copyright law gives the author of a work a bundle of exclusive rights over his work for a limited period. These rights enable him to control the use of his work in several ways and to receive remuneration. Copyright law also provides "moral rights" which protect an author's reputation and integrity.
A patent is an exclusive right granted by the state for an invention which is a product or a process. The product or process should provide, in general, a new technical solution to a problem in any field.
In an increasingly knowledge‐driven economy, you invariably need creative or inventive ideas or concepts to improve an existing feature, add a useful new feature to your product or develop a new product.
If your business develops such an idea or concept that solves a technical problem in an unexpectedly new or better way then it should take adequate and timely steps to protect its creative idea, concept, or knowledge by converting it into a proprietary technical advantage by patenting it.
What is a trade secret?
A trade secret is defined as any information that is not generally known to the relevant business circles or the public and confers some sort of economic benefit on its owner and is the subject of reasonable efforts to maintain its secrecy.
Essentially, trade secretes derive benefit specifically from the fact that it is not generally known, and not just from the value of the information itself, and continue as trade secrets for as long as the information is maintained as a trade secret.
Anything that is easily and completely disclosed by the mere inspection of a product put on the market cannot be a trade secret.
Trade secret law seeks to maintain and promote standards of commercial ethics and dealing. A key objective of trade secret law is to provide an incentive for businesses to innovate by safeguarding the substantial time and capital invested to develop competitively advantageous innovations, both technical and commercial, especially those that are not patentable or do not merit the cost of patenting.
Trade Marks
After the initial registration for 7 years, the trademark becomes renewable every five years in perpetuity for as long as the necessary renewals and declarations are made.
Copyright.
Copyright is valid for the lifetime of the owner and 50 years after his/her death
Patents
The exclusive rights are territorial and patent protection is granted for a limited period, generally 20 years.
Industrial designs
5 years renewable for 2 consecutive periods of five years
Utility model
The term of protection for utility models is 10 years.
Protection of intellectual property and trade secrets
Inventors, designers, developers and authors can protect the ideas they have developed, for instance using copyright or patents. The aim is to prevent others from wrongly profiting from their creations or inventions. It also allows them to earn back the money they invested in developing a product.
This can be achieved through any of the following protections for intellectual property rights:
- Patents,
- Copyright
Neighbouring rights
- Trademarks
Design rights
- Database rights
- Trade Name law
- etc
Fair use under the law
The Copyright and Neighbouring Rights Act, 2006 contains extensive provisions on the defence of fair use.
However, the instances where work is deemed to constitute fair use are
limited and qualified. The Act requires that the event(s) constituting
unauthorised use should be compatible with fair practice and that the user, in
this case, the defendant, acknowledges the author of the original work.
The fair use of a protected work in its original language or translation shall not be an infringement of the right of the author and shall not require the consent of the owner in 11 different scenarios as follows.
- Strictly for private use: the production, translation, adaptation, arrangement, or other transformation of the work is permissible if it is for private personal use only.
- Use of quotations: a quotation from a published work may
be used in another work, including a quotation from a newspaper or periodical in
the form of a press summary, where –
- the quotation is compatible with fair practice;
- the extent of the quotation does not exceed what is justified for the purpose concerned; and
- acknowledgement is given to the work from which the quotation is made.
- Teaching purposes: a published work may be used for teaching purposes to the extent justified for the purpose, by way of illustration in a publication, broadcast or sound or visual recording as long as the use is compatible with fair practice and acknowledgement is given to the work and the author.
- Educational purposes: the work may be communicated to the public for teaching purposes for schools, colleges, universities, or other educational institutions or professional training or public education, provided the use is compatible with fair practice and acknowledgement is given to the work and the author.
- Written reporting on current events: the work may be reproduced, broadcast, or communicated to the public, with acknowledgement of the work, in any article printed in a newspaper, periodical or work broadcast on current economic, social, political or religious topic unless the article or work expressly prohibits its reproduction, broadcast or communication to the public.
- Visual or broadcast reporting on current events: any work that can be seen or heard may legitimately be reproduced or communicated to the public through photographs, audio-visual
- work or broadcast to the extent justified for the purpose when reporting on current events.
- Public locations: any work of art or architecture in a photograph or an audio-visual or television broadcast may be reproduced and communicated to the public, where the work is permanently located in a public place; or is included by way of background; or is otherwise incidental to the main object represented in the photograph or audio-visual work or television broadcast.
- Public speeches and lectures: for the purposes of
current information, a reproduction in the press, broadcast or communication to
the public may be made in –
- a political speech or a speech delivered during any judicial proceeding; or
- an address, lecture, sermon, or other work of a similar nature delivered in public.
- Judicial proceedings: work may be reproduced for a judicial proceeding.
- Use by public libraries and various institutes: subject
to conditions prescribed by the Minister, a reproduction of a literary,
artistic, or scientific work by a public library, a non-commercial documentation
center, a scientific institution or an educational institute is permissible if
the reproduction and the copies made –
- do not conflict with the normal exploitation of the work reproduced; or
- do not unreasonably affect the right of the author in the work.
- Persons with disabilities: any work may be transcribed into braille or sign language for the education of persons with disabilities.
Competition Law has not developed that much in Uganda because we do not have a law to cater for it in Uganda. This has hampered progress in certain respects even at the regional level. The East African Community to which Uganda belongs has a law catering to competition but it cannot be fully implemented because Uganda has no codified competition law.
The closest to regulating competition in Uganda is in the telecoms sector with Uganda Communication Commission making attempts in that regard but the economy is too wide hence requiring a law which is all-encompassing to regulate it. I hope you find this an interesting read.
In the meantime, Uganda relies on a series of consumer protection
regulations and guidelines as well as all the laws under the intellectual property
envelope and other laws surrounding the same to ensure fair competition.
Intellectual property management (IP) is a system that manages intangible
creations of the human intellect and primarily encompasses copyrights, patents,
and trademarks. It also includes other types of rights, including publicity
rights, and rights against unfair competition.
Intellectual property rights management / intelligent property rights strategy (IPR strategy) is a strategy for managing a company’s intellectual property rights portfolio. It also covers the following intellectual property rights such as patent, trademark protection, design protection, and copyright.
Maintenance on the other hand is the act and process by which one ensures that their intellectual property protections are still subsistent and can still be leveraged. This is through ensuring that all respective renewals are made and respective compliances met.
Companies often hire and invest in employees to develop new products, improve processes, create new technologies and develop new markets. With this investment, it should come as no surprise that employers generally own the intellectual property created by their employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee, not the employer. These simple principles present challenges for employees and employers alike.
This may involve an outright sale of the intellectual property or any underlying rights therein, an assignment of the same or other such fluid mechanisms as licensing, franchising, and merchandising in the case of trademarks, etc.
Licencing
In IP licencing in instances of trademarks, patents etc, the IP owner (Licensor)
grants permission to another
(Licensee) to use their intellectual property on
mutually agreed terms and conditions. It is a material aspect of commercialising
intellectual property.
Franchising
Franchising is a specialised licence where a franchisee is allowed by the franchisor in return for a fee to use a particular business model and is licensed a bundle of IP rights, notably, trademarks and supported by training, technical support and mentoring.
When a business model is successful and replicable at other locations, permitting interested third parties to set up independent businesses based on a proven business model, along with its attendant trademarks, know-how and other intellectual property rights (such as designs, patents and copyright), has proven to be an enormously successful and rapidly growing trend.
The key to franchising is the licensing of intellectual property rights, particularly trademarks
This may involve an outright sale of the intellectual property or any underlying rights therein, an assignment of the same or other such fluid mechanisms as licensing, franchising, and merchandising in the case of trademarks, etc.
Licencing
In IP licencing in instances of trademarks, patents etc, the IP owner (Licensor)
grants permission to another
(Licensee) to use their intellectual property on
mutually agreed terms and conditions. It is a material aspect of commercialising
intellectual property.
Franchising
Franchising is a specialised licence where a franchisee is allowed by the franchisor in return for a fee to use a particular business model and is licensed a bundle of IP rights, notably, trademarks and supported by training, technical support and mentoring.
When a business model is successful and replicable at other locations, permitting interested third parties to set up independent businesses based on a proven business model, along with its attendant trademarks, know-how and other intellectual property rights (such as designs, patents and copyright), has proven to be an enormously successful and rapidly growing trend.
The key to franchising is the licensing of intellectual property rights, particularly trademarks
Intellectual property infringement is the violation of an intellectual property right.
There are several types of intellectual property infringement:
- Copyright infringement - A copyright is a legal right granted to the creator of an original work, such as a photo, writing, video, song, etc.
- Trademark infringement and counterfeiting - A trademark is a word, symbol, phrase, or design, that identifies and legally differentiates the source of the product or services of one entity from those of another. Trademark infringement is the unauthorized use of a trademark in a manner that is likely to cause consumers to be confused as to the source of the product, or as to whether there is some sponsorship or affiliation between the person who is selling the product and the actual trademark owner.
- Counterfeiting - Counterfeiting generally is seen as a type of trademark infringement. Counterfeit products often are fakes or unauthorized replicas of real products and are intended to defraud or deceive consumers into believing the product is authentic.
- Patent infringement - Patents protect an invention against unauthorized reproduction, use, copying, or sale. Patents may cover manufactured items, machines, designs, and various other items or processes. Making, using, selling, or offering to sell a patented invention or design without the permission of the patent owner may constitute patent infringement.
- Rights of publicity - Rights of publicity protect the rights of individuals from the unauthorized use of their names, likenesses, or other recognizable aspects of their personas, from being misused in product listings, advertisements, or other commercial activities. Using a third party’s publicity rights without proper authorization may constitute a right of publicity violation.
AZIMA ADVOCATES NEWS
LETTERS
IMPORTANT THINGS TO KNOW
Luke Kasakya is a lawyer/Advocate practising in Uganda with a firm of attorneys that offers legal services to clients across Uganda in nearly any facet of Ugandan law. See Profile.
Azima Advocates is a market-leading corporate and commercial law firm with expertise in intellectual property, real estate, corporate practice and mergers and acquisitions established in 1994.
The Firm is a full service legal and advisory law firm offering clients bespoke services under the broad categories of corporate, commercial, Transactional & Advisory services; Litigation & Alternative Dispute Resolution; Intellectual Property; and Business Support services.
The firm is a progressive practice that also boasts of a rich history that has cultivated tested and proven expertise, strategic placement & reach, and a fair amount of goodwill amongst senior professionals (legal and otherwise), the business community, and the political class that is all leveraged towards ensuring the effective and customised execution of all client’s instructions.
The firm also works with other trusted overseas law firms, with similar focus and speciality focus, covering all key worldwide jurisdictions
Azima Advocates has offices in Kampala Uganda but also works with Affiliate firms in Asia, Uganda, America and the other East African Countries.
The initial telephonic consultation is free. During the free initial telephonic consultation, we will discuss the details of your potential case/legal issue, and the legal process and answer any questions you may have.
You may request a free telephonic consultation by sending an e-mail to lk@lukekasakya.com / lkasakya@azimaadvocates.com or calling +256781859140 / +256414344749 and you will be provided with a consultation timeslot.
Yes, Luke Kasakya can provide you with a quote or his fee rates.
It depends on the type of matter that you have and the amount of work that needs to be done. We offer very competitive rates that are based upon the complexity of the matter. See Fees.
Not necessarily. Some cases are settled out of court on terms acceptable to our clients before trial. This is achieved through a meticulous, frank and realistic assessment of the case to enable us to recommend if a matter can be settled and in what quantum as well as to advise as to whether the demands made are realistic.
Luke Kasakya/ Azima Advocates will enter into a written representation agreement with you explaining the specific mandate, legal fees and responsibilities as your Lawyers/Advocate.
It is not always possible to have one Lawyer/Advocate to handle all your legal matters. One Lawyer/Advocate will be responsible for the overall progress of the matters. But from time to time, other lawyers, Advocates, or professional assistants may perform certain duties within the matters themselves.
We work towards communicating clearly, concisely and on a timely basis with clients. However, to keep the legal costs down while maximising communications, we strive to keep clients informed when anything important happens and to respond to questions in a reasonable time. Clients should notify the firm of any change of address. Similarly, clients should notify the firm about any change in telephone numbers, email addresses and any other changes in contact details.
Reach out through any of the provided communication channels. If your questions can not be answered with immediacy, every attempt will be made to arrange to have the attorney contact you as quickly as possible. Above all, leave a telephone or e-mail message.
A potential conflict of interest may arise due to the representation of other clients or government bodies. If a conflict arises we will disclose the facts to you and remove ourselves from the matter. The file will usually be transferred to another attorney of your choice and on your instructions.
Normal office hours are from 7h30 – 17h30. Office consultations are by appointment. From time to time you may request that Luke Kasakya meet you after hours on urgent matters.
We have a legal responsibility to preserve each client’s confidential information. The firm will not disclose your information to other clients, the government, or anyone else without your permission or court order.
The firm keeps hard copies as well as digital files. The latter is preferred. If you will be sending documents digitally, here are our preferred formats:
Microsoft Excel (XLSX)
JPG for visa-style photographs
Contact Luke Kasakya at +256781859140 / +256414344749
Contact Luke Kasakya at +256781859140 / +256414344749
Ideally, the process does not take long as save for the search and the advertisement in the Gazette of the intended trademark to be registered, the rest is a back end process handled by your chosen trademark agent and the respective registry if no opposition is made to the registration after the 60 days.
We offer very competitive rates that are guided by the respective regulatory laws and regulations in that regard. Do get in touch through lk@lukekasakya.com / lkasakya@azimaadvocates.com or by calling +256781859140 / +256414344749 for a quote.
Opposition procedure Opposition commences by the person giving notice of opposition to the Registrar of trademarks opposing the registration. This notice of opposition must be made within 60 days from the date of publication of the application in the gazette.
The Registrar thereafter serves a copy of the opposition on the applicant who is required to respond within forty two days by way of a counterstatement setting out the ground upon which the applicant relies as supporting the application for registration of the trademark.
The opposition is thereafter heard before the Registrar.
The Trademarks Act authorises agents so appointed to act on behalf of their principals in any act in connection with a trademark or proposed trademark or a procedure in connection with a trademark. Regulation 2 of the Trademark Regulations indicates that a trademark agent must be an advocate of the High Court of Uganda. Regulation 10 of the Trademarks Regulations confer powers upon trademark agents to act on behalf of their principals. It details that an application, request, or notice which is required or permitted by the Act or Regulations to be made or given to the Registrar or court may be signed, made or given by or through a trademark agent. All other communications between an applicant, a person making a request or giving notice and the Registrar or the court may also be signed, made or given by or through an agent. Appointment of a trademark agent is made by signing and sending to the Registrar or the Court an authority to that effect in the form TM1 or in any other such form the Registrar or court may consider sufficient.
This may be determined on a case to case basis done either during or after the hearing of the entire dispute.
Ideally, yes! However, there are some marks, names, insignia etc that are so notoriously known that they may be upheld in a court of law without meeting the requirement for registration. However, this is in the most extreme of circumstances.
Contact Luke Kasakya at +256781859140 / +256414344749
A taxpayer dissatisfied with an assessment may lodge an objection to the assessment to the Commissioner within 45 days after being served with a notice of assessment. Such an objection must be in writing and state precisely the grounds upon which it is made.
After considering the objection, the Commissioner may allow the objection in whole or part and amend the assessment accordingly, or disallow the objection. Such a decision shall be made in 90 days. Where the Commissioner does not make an Objection Decision within 90 days after the taxpayer lodged an objection, the taxpayer may by notice in writing to the Commissioner requesting the reason for the delay of his/her ruling to the objection.
A taxpayer dissatisfied with the decision of the Commissioner/ Commissioner General may apply for a review of the decision to the Tax Appeal Tribunal.
Under the law, a taxpayer intending to dispute a tax assessment before the Tax Appeals Tribunal is required to deposit either 30% of the amount in dispute, or the amount not in dispute, whichever is greater. However, judicial pronouncement on this has recently held this to be unconstitutional leaving a lacuna in the practice on the ground pending either the confirmation or the overturning of the decision.
Yes. They are appealable to the High court on matters of law.
A taxpayer may apply for a private ruling by submitting a statement detailing the transaction (proposed or completed) to the Commissioner. The commissioner interprets and applies the tax laws to the requesting taxpayer’s specific set of facts in a written private ruling. The private ruling offers taxpayers certainty as to how the tax authority views the transaction, and the tax treatment the taxpayer can expect based on the specific facts presented.
Destination taxes entail a taxpayer using the taxing regime/ the tax rate of the destination of the product or service rather than that at the point of origin.
Yes, you can.
We offer very competitive rates that are guided by the respective regulatory laws and regulations in that regard. Do get in touch through lk@lukekasakya.com / lkasakya@azimaadvocates.com or by calling +256781859140 / +256414344749 for a quote.
Insolvency refers to……………………... in the case of an individual, such would be termed “bankruptcy”. In Uganda, the test for insolvency is whether the debtor’s liabilities exceed its assets. The mere inability to pay debts is not necessarily indicative of a state of insolvency.
In this regard, the courts have distinguished factual and commercial insolvency. Factual insolvency is found where a debtor’s liabilities exceed his assets, while commercial insolvency refers to the situation where a debtor is unable to pay his debt due to a cash flow or other problems, but his assets still exceed his liabilities.
A private person who would also be deemed insolvent must meet a similar threshold in seeking to be declared bankrupt.
When a company is deemed to be insolvent, the company is liquidated and a liquidator is appointed to realise the assets of the company to settle the company’s debt or liabilities to the advantage of the creditors.
Once a natural person is declared bankrupt, the Court may appoint a trustee to take control of the assets. In the case of a company, close corporation or certain other legal entities, the person appointed by the court is referred to as a liquidator. Both a trustee and liquidator fulfil the same duty and have the same rights and responsibilities.
If it appears that it is reasonably unlikely that a company will be able to pay all of its debts within the following six months or it appears to be reasonably likely that the company will become insolvent within the next six months, the directors of such a company can decide to place the company under administration. This is a business rescue move looking to ensure that the company settles its creditors while maintaining the possibility of remaining a going concern.
If a company or an individual’s assets are realised or sold to pay its debts, and it becomes apparent that the value of the assets is not enough to settle the debts of a company or an individual, thus creating a shortfall, the creditors of that company or individual which have proved claims may be held liable to contribute to the administration costs pro-rata according to the value of their claims. A trustee/liquidator is entitled to receive, for his services, a reasonable remuneration guided by the regulatory laws in the space. The said remuneration is generally based on the proceeds or the value of the insolvent estate’s assets.
If a company is insolvent, the directors of that company can decide by way of a resolution that the company should be liquidated. The company’s voluntary application for liquidation is then submitted to the Registrar of Companies and is duly registered, after which a liquidator is appointed.
In the case of an individual, the individual himself can make an application to the court for bankruptcy. The court will, however, only grant such an application if it is convinced that the individual is insolvent and that there is an actual advantage to the individual’s creditors if he were to be declared bankrupt.
