Answers.

Of qn 2

a. Whether the worker can be compensated for the injury incurred out of course of
employment.

An employee means any person who has entered into contract of service or
apprenticeship contract including any person who is employed by of for the government
off Uganda.1

Section 32 provides that an act is deemed to be done out of and in course of employment when
a worker acts to protect any person or property on the employment premises. Halsbury’s
statute 4th Edition defines course of employment to men’ that it does not mean the currency of
engagement but meaning in the course of the work which the workman is employed to do and
what is incidental to it”

in the case of R V industrial injuries commissioner EX. P3 Solomon L.J said “I assume that in law
a man is working in the course of employment not only when he is doing that what is employed
to do but when he is doing something for purposes of his own which is reasonably incidental to
his employment” Section 3(4) 4provides that any injury or accident while the employee is
traveling directly to or from the place of work for the purpose of employment shall be deemed
to be an accident arising out of and in the course of employment. However, an employee is
supposed to show that such travel was direct.

conclusion, according to the above facts, such a worker cannot be compensated because he
suffered the injury when he was out of the employment scope.

b. Whether the children of the deceased can be compensated.

1
Employment Act 2006.

2
Worker’s compensation Act cap 225

3
AEU(1966)2 Q.B.31

4
Worker’s compensation Act cap 225
Halsbury's statue 4th Edition defines course of employment to mean " In the course of
employment does not mean during the currency of engagement but means in the course of the
work which the workman is employed to do and what is incidental to it"

In General cleaning contractor’s v Christmas5it was held that it’s a duty of the employer to
provide a safe working place for the employee. In this case Christmas was injured while
cleaning the windows. However, in the above facts the worker died. Section 3(3)6 provides that
an employer shall be liable to pay compensation under the Act for the injury or accident arising
out of and in the course of employment. Section 317 provides that there is a presumption that
where a worker is disabled by or dies of any disease listed in the 3rd schedule, it shall be
deemed that the disease was to the nature of employment.

Section 3(8)8 provides that compensation in case of death shall in principle be paid in the form
of periodic payments otherwise they may be awarded in lump sum as provided in the act.

Section 4(1)9 provides that where the deceased leaves any family members who are dependent
on his or her earnings the amount of compensation shall be the sum equal to sixty times his or
her monthly earnings, computed in accordance with section 8 10subject to maximum which may
be varied by the minister on the recommendation of labour advisory board. There for the
children can claim for compensation.

C. whether the worker can be compensated.

5
1953)
6
Worker’s compensation Act cap 225

7
Worker’s compensation Act cap 225

8
Worker’s compensation Act cap 225

9
Worker’s compensation Act cap 225

10
Worker’s compensation Act cap 225
An employee means any person who has entered into contract of service or apprenticeship
contract including any person who is employed by of for the government of Uganda 11

Article 3912 provide that it’s a duty of the worker to provide a safe working system for the
employees. The employer’s health and safety responsibilities may arise under the principle of
vicarious liability for breach of care or breach of statutory duty. If an employer fails to discharge
these responsibilities and an employee thereby suffers an injury the employer will incur civil
employees for damages.

Section 3(1) provides that an employer shall be liable to pay compensation under the Act for
injury or accident arising out of and in the course of employment. However, an employer shall
not be liable if the injury doesn't result in permanent incapacity or it does not incapacitate the
worker for at least three consecutive days. Under subsection 2.

In the case of Wilson and Clyde Coal v English13, it was held that the employer's duty extends to
providing a safe system of work, and that the duty extends in particular to the safety of place of
work, plant and machinery and methods and conduct of work.

Section 614 provides that where permanent partial incapacity results from the injury, the
amount of compensation shall be such sixty times the worker’s monthly earnings in case of
injury specified in the second schedule.

In conclusion, a worker who is permanently disabled whose injury was due to the negligence of
the employer failing to provide a safe system of work is entitled to compensation basing on the
above provisions.

c. Whether an employee can recover regardless of the arrangement.

12
1995 constitution

13
[1938] AC 57
14
Worker’s compensation Act cap 225
 An employee means any person who has entered into contract of service or apprenticeship
contract including any person who is employed by of for the government off Uganda section215

In the case of Car & General (U)ltd v Ahmed Ibrahim Bholim16. The court held that the
contract didn’t exist and if it did it was fainted with illegality which rendered it unenforceable.

A contract of service is defined in section 217 to mean any contract whether oral or written
where a person agreed in return of remuneration t work for an employer . In the case of
kiggundu vs pearl Diary farms limited (2014) where the issue involved non-compliance with
the requirement of the written contract where kigundu complained that the contract didn’t
provide the terms of employment.

Section 2218 provides that Any agreement or contract where the employee relinquishes the
right to compensation for injuries arising out of and in the course of employment shall be null
and void in so far at it purports to remove or reduce the liability of any person to pay
compensation under the Act.

There fore a contract with the aim to cause the worker to relinquish any right to compensation
is void. According to the above facts the agreement is null and void.

e.
According to Section 2719, an employer is liable to pay compensation to a worker who suffers
from a scheduled disease which manifests itself either within the 24 months immediately prior
to the date of illness or death, or due to the course of employment. And section 29 20provides for
liability to pay compensation that the employer who last employed the employee with in the last
twenty-four months will be liable to pay compensation. There fore Mulago hospital is liable to pay for
compensation.

15
Employment Act 2006.

16
CACA NO.30/2001

17
Employment Act 2006

18
Worker’s compensation Act cap 225

11 Worker’s compensation Act cap 225

19

20
Employment Act 2006
BIBILIOGRAGHY.
•WORKERS COMPESATION ACT CAP 225.

•HALSBURY’S STATUTE 4TH ED.

•Wilson and Clyde Coal v English [1938] AC 57

•R V industrial injuries commissioner EX. P AEU (1966)2 Q.B.31