Industrial Court of Uganda

The Industrial Court was established under the Labour Disputes (Arbitration and Settlement) Act, 2006 Cap 224, Laws of Uganda, and section 7. 2006.

The Act was assentenced to on 24th May 2006; and commenced on the 07th August 2006 via a Ministerial statutory instrument.

The Court's jurisdiction ambit are labour disputes referred to it by a party to a dispute where a labour officer has failed to dispose of the dispute within 08 weeks under the court's regulations as requested under the act, disputes referred by the Labour officer at the request of the party or on the officer's own volition when is unable to resolve the dispute; or by responsible Minister on notice of an intended withdrawal of labour within 05 days. Appeals can also be filed against labour officers' decision under the Employment Act. The Court has no original jurisdiction over Labour disputes.

Physical address

Plot 25-27, off Martyr's way Ntinda. P.O.Box, 21456 Kampala.

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https://judiciary.go.ug/data/smenu/105//The%20Industrial%20Court.html

13 judgments

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13 judgments

Citation	Judgment date
December 2015
Wakibi v Bank of Uganda (Labour Dispute Claim 41 of 2014) [2015] UGIC 5 (22 December 2015) Summary dismissal for financial embarrassment was substantively lawful, but procedural hearing defects warranted four weeks' pay under s.66(4). Employment law – summary dismissal for financial embarrassment under employer policy (clause 1.15) – justification under s.69(1) & (3) Employment Act; procedural fairness – employer’s duty to allow representation and adequate notice under s.66; remedy – statutory payment of four weeks' net pay with interest under s.66(4).	22 December 2015
Ndemerweki v MTN (U) Ltd (Labour Dispute Claim 101 of 2014) [2015] UGIC 11 (17 December 2015) Claimant’s summary dismissal was unlawful: employer failed procedural fairness and did not prove alleged financial loss. * Employment law – unfair and unlawful dismissal – procedural fairness – obligation to explain reasons and to hear representations (Employment Act s.66). * Employer’s burden to prove misconduct or financial loss; Board satisfaction required under contract. * Application of Employment Act 2006 despite earlier termination; Interpretation Act saving subject to contrary intention. * Remedies – notice pay, compensatory and exemplary damages, costs.	17 December 2015
Kamuli v DFCU Bank (Labour Dispute Claim 2 of 2015) [2015] UGIC 10 (15 December 2015) Dismissal for poor performance was unlawful where appraisal/PIP procedures denied the employee a fair hearing. Employment law – unfair dismissal for poor performance; appraisal and moderation committee procedures; Performance Improvement Plan (P.I.P.) – need for documented assessment; section 66 Employment Act – right to explanation and to be heard; remedies – general and aggravated damages, severance, salary arrears, relief from salary‑secured loan, provident fund recovery; failure to prove special damages, overtime, repatriation.	15 December 2015
November 2015
Musho v Tororo District Local Government (Labour Dispute Claim 44 of 2015) [2015] UGIC 4 (4 November 2015) Employees deployed to a newly created district become employees of that district; the mother district is not liable. Local government law – creation of new district – deployment and transfer of staff – s.185 Local Government Act deeming deployed officers to be appointed to new district; Validity of transfer where new district did not formally solicit staff; Employer responsibility for employment after deployment; Availability of remedies against correct employer.	4 November 2015
October 2015
Uganda Scientific Researchers & Allied Workers Union v Uganda National Bureau of Standards & 2 Ors (Labour Dispute Reference No. 31 of 2015) [2015] UGIC 6 (1 October 2015) Preliminary objections overruled: Court has jurisdiction, recognition agreement valid, and claim against officers discloses cause of action; matter proceeds to trial. Labour law — recognition of trade unions — jurisdiction of Industrial Court versus Registrar of Labour Unions; de facto exercise of Registrar functions by Commissioner; validity of recognition agreements against autonomous government agencies; personal liability of officers alleged to have acted beyond agency scope.	1 October 2015
September 2015
Washington Inima and Anor v Eltahir Mohammedi and Anor (Labour Dispute Miscellaneous Application No. 51 of 2015) [2015] UGIC 14 (23 September 2015) The Industrial Court referred the applicant’s labour disputes to the High Court after a judge recused herself due to discomfort. * Labour law – forum and jurisdiction – referral of labour disputes from Industrial Court to High Court; * Judicial recusal – judge’s expressed discomfort sitting on panel and its procedural effect; * Procedural transfer of related labour dispute matters arising from KCCA proceedings.	23 September 2015
Action Aid Uganda v Tibekanga (Labour Dispute LDA 5 of 2014) [2015] UGIC 1 (8 September 2015) Appeal allowed: Labour Officer exceeded jurisdiction by awarding tort‑based compensation and erred by adjudicating after mediating, mandating retrial. Employment law – Remedies and jurisdiction – Section 93(6) excludes Labour Officer jurisdiction over tort claims arising from employment; Additional compensation under s.78(2) cannot be used to award damages for torts; Administrative law – Natural justice – A Labour Officer who mediates must not subsequently adjudicate the same dispute; Procedural irregularity – reliance on mediation positions without taking evidence vitiates the award.	8 September 2015
Makerere University v Kisambira (Labour Dispute Miscellaneous Application No. 15 of 2015) [2015] UGIC 3 (8 September 2015) Applicant granted brief extension to file reply despite internal delay; costs and strict conditions imposed. Labour procedure – extension of time to file pleadings – delay caused by applicant’s employee – attribution of employee negligence to employer – exercise of discretion to allow filing in employment disputes – conditions and costs imposed.	8 September 2015
July 2015
Nassuna v Equity Bank(U) Ltd (Labour Dispute Miscellaneous Application No. 36 of 2015) [2015] UGIC 7 (21 July 2015) Court set aside dismissal and reinstated labour claim, holding reinstatement and setting-aside orders interchangeable and counsel negligence sufficient cause. * Civil Procedure – Order 9 Rule 22 (dismissal for non-appearance) and Rule 23 (setting aside dismissal) – whether application for reinstatement is competent; interchangeability of orders to set aside dismissal and to reinstate suit. * Procedural law – avoidance of technicalities under Article 126(2) – substantive justice over form. * Sufficient cause – negligence of former counsel may constitute sufficient cause to set aside dismissal; assessment of prejudice to respondent.	21 July 2015
Sure Telecom v Azemchap (Labour Dispute Appeal 8 of 2015) [2015] UGIC 15 (15 July 2015) A labour officer who mediates a dispute must not later adjudicate it; mediation disclosures cannot be used in adjudication. * Employment Law – Time limits and discretion – s71(2) Employment Act – discretion to entertain complaints after three months; reasons for extension not strictly fatal. * Employment Law – Jurisdiction of labour officer – s93 Employment Act – unfair termination complaints fall within labour officer jurisdiction. * Alternative dispute resolution – Mediation confidentiality – mediator must not later adjudicate same dispute; mediation disclosures privileged. * Procedural fairness – impartiality of adjudicator – where mediation preceded adjudication by same officer, adjudication is improper and void. * Remedy – Setting aside award and ordering retrial before a different labour officer; costs borne by each party.	15 July 2015
June 2015
Rugamayo v Uganda Revenue Authority (Labour Dispute 27 of 2014) [2015] UGIC 9 (4 June 2015) Claim for wrongful dismissal was time-barred; cause of action accrued on dismissal, not on later acquittal. Limitation Act – contract claims – accrual of cause of action on date of dismissal – concurrent criminal and disciplinary proceedings – six-year limitation – requirement to plead exemption – plaint struck out as time-barred.	4 June 2015
February 2015
Bukenya v Global Trust Bank (Labour Dispute 112 of 2014) [2015] UGIC 2 (12 February 2015) Dispute over alleged unilateral variation of USD salary, withheld vehicle benefit and fairness of termination by the respondent. Employment law — alleged unilateral variation of USD salary by applying non-BOU exchange rate; failure to provide contractual benefits (vehicle); loan/mortgage deductions; procedural fairness in termination; genuineness of redundancy/restructuring as ground for dismissal.	12 February 2015
Bukenya v The Registered Trustees of the Province (Labour Dispute Claim 8 of 2012) [2015] UGIC 13 (5 February 2015) Claimants acquiesced to early retirement but are entitled to gratuity under the binding Finance Board scheme; housing protected until benefits paid. Employment law – early/forced retirement – acquiescence in retirement request; Gratuity – entitlement and computation – Provincial Board of Finance minutes binding under Provincial Constitution and Canons; Terminal benefits and housing – s.43(5) Employment Act 2006 prevents eviction until terminal benefits paid; Counterclaim for lost rent – requires demand and resolved benefits dispute; Damages – delay in payment awarded; no punitive damages.	5 February 2015