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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
11 judgments
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11 judgments
Citation
Judgment date
March 2017
Lamunu v Krotchet Employees SACCO and Krotchet Kids Uganda (Labour Dispute Claim 6 of 2016) [2017] UGIC 8 (30 March 2017)
An employee's admission of misconduct justified the respondent's summary dismissal despite no formal hearing; leave entitlement forfeited.
Labour law – summary dismissal – fundamental breach under section 69 of the Employment Act; Admission/apology by employee – effect on requirement for disciplinary hearing; Employer internal control weaknesses v. employee exploitation; Annual leave entitlement – requirement to apply, forfeiture where not shown.
 30 March 2017
Lubandi v Uganda Electricity Generation Company Ltd (Labour Dispute Reference No. 95 of 2015) [2017] UGIC 2 (30 March 2017)
The claimant’s unfair termination claim was struck out for being filed out of time and for failure of the labour officer to exercise discretion.
Labour law – limitation – section 71 Employment Act – three month filing period for unfair termination and discretionary extension by labour officer. Civil procedure – preliminary points of law – may be raised during proceedings even if not pleaded, provided the other party can respond. Administrative law – exercise of discretion – labour officer must address reasons and circumstances when admitting late complaints. Statutory compliance – referrals under section 5 Labour Disputes (Arbitration and Settlement) Act must follow prescribed timelines.
 30 March 2017
Kayumba v Equity Bank (Miscellaneous Application No. 32 of 2017) [2017] UGIC 5 (29 March 2017)
A mortgagee may sell secured property despite a pending unlawful dismissal claim; injunction refused.
Industrial/Contract and Labour Law – interim injunction – enforcement of mortgage secured loan – whether a pending unfair dismissal/labour claim prevents realization of mortgaged property – severability of mortgage enforcement from employment disputes; mortgagor’s understanding of sale-on-default clause.
 29 March 2017
Byarugaba v African Field Epidemiology Network (AFNET) (Miscellaneous Application No. 134 of 2017) [2017] UGIC 1 (28 March 2017)
Court permitted amendment and validated amended claim where respondent raised no objection and affidavit was uncontroverted.
Amendment of claim – unopposed application – uncontroverted affidavit – validation of amended pleadings – service and 14‑day reply period – no order as to costs.
 28 March 2017
Mutawe v Sanlam General Insurance (Labour Dispute Miscellaneous Application No. 101 of 2016) [2017] UGIC 9 (27 March 2017)
An advocate may not swear affidavits containing client-only factual averments in contentious matters; such affidavits may be struck out.
Advocates’ Professional Conduct Regulation 9 – advocates as witnesses – prohibition on giving evidence or swearing affidavits in contentious matters – distinction for formal/non-contentious matters – striking out affidavits that contain client-only averments.
 27 March 2017
Byakika v National Social Security Fund (Labour Dispute 57 of 2015) [2017] UGIC 4 (16 March 2017)
Claimant lawfully dismissed for breaching contractual confidentiality by unauthorised media disclosure; remedies denied.
Labour law – confidentiality of employer information; contractual prohibition on media interviews; disciplinary procedure and fair hearing; whistleblowing versus public disclosure; entitlement to remedies following lawful dismissal.
 16 March 2017
Ochwo v veterinaires Sans Frontieres Belgium (Labour Dispute 209 of 2014) [2017] UGIC 12 (15 March 2017)
Special damages must be specifically pleaded under Order 6 rule 3; unparticularised claims were struck out.
Civil procedure – Particulars of special damages – Order 6 rule 3 – Special damages must be specifically pleaded and strictly proved – Preliminary objection to unparticularised claims allowed.
 15 March 2017
African Field Epidemiology Network (AFENET) v Waswa Kityaba (Labour Appeal 84 of 2017) [2017] UGIC 15 (10 March 2017)
Stay of execution granted pending appeal conditioned on a bank guarantee for the full decretal amount.
Stay of execution – power to grant stay pending appeal; security for stay – bank guarantee acceptable; purpose of stay to prevent unfair prejudice; deposit of full decretal amount by guarantee; specified banks (Barclays, Stanbic, DFCU).
 10 March 2017
Wasswa v African Field Epidemiology Network (AFENET) (Miscellaneous Application No. 26 of 2017) [2017] UGIC 11 (10 March 2017)
Court allowed correction of clerical errors in an award under Civil Procedure Act without altering the award and denied costs.
Civil Procedure Act s98–99; correction of clerical/mathematical errors in judgments and awards; application of CPR where court rules silent; interplay with appellate rights; Labour Disputes (Arbitration and Settlement) procedure.
 10 March 2017
Mwaka v Road Master Cycles (U) Ltd (Labour Dispute Claim 155 of 2014) [2017] UGIC 10 (9 March 2017)
Claimant failed to prove unlawful dismissal; court held resignation/abandonment and awarded limited wages and leave encashment.
Employment law – Termination – Section 65 Employment Act – burden on employee to prove termination; constructive dismissal requires evidence of employer’s unreasonable conduct; contemporaneous documents outweigh inconsistent oral testimony; resignation/abandonment distinguished from unlawful termination; entitlement to unpaid wages and leave encashment; interest awarded.
 9 March 2017
Akankunda v Salam Vocational Education Centre Ltd (Labour Dispute Claim 41 of 2016) [2017] UGIC 16 (6 March 2017)
Termination while on maternity leave without a required pre‑dismissal hearing was unlawful; claimant awarded damages and interest.
Employment law – unfair dismissal – requirement of pre‑termination disciplinary hearing under section 66 Employment Act and Article 28 Constitution; probation and induction periods – employer estopped from extending probation without agreement or evidence; post‑termination evidence cannot cure failure to afford fair hearing; remedies – salary arrears and general damages recoverable; punitive damages refused.
 6 March 2017