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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.
Visit website
https://judiciary.go.ug/data/smenu/105//The%20Industrial%20Court.html
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9 judgments
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November 2019
Akankwasa v Equity Bank (Labour Dispute 302 of 2014) [2019] UGIC 45 (21 November 2019)
Termination without reasons or a hearing breaches the Employment Act; employee awarded damages and severance.
Employment law – Termination – Employer must give reasons and afford a hearing before dismissing for poor performance (s.66 Employment Act). Employment law – Proof of reason – Employer must prove genuine reasons for dismissal existing at time of dismissal (s.68). Termination with notice (s.65) does not relieve employer of statutory procedural obligations Remedies – Industrial Court may award general damages and severance; Labour Officer’s s.78 compensatory power is limited and not exclusive to Industrial Court Pleadings – claims not pleaded (e.g., repatriation) are disregarded
 21 November 2019
Elgon Terrace Hotel Limited v Nyinakiza (Labour Dispute Miscellaneous Application 175 of 2019) [2019] UGIC 226 (21 November 2019)
Stay refused where notice of appeal was served late and procedural defaults were not excused under Article 126(2)(e).
Civil procedure – stay of execution pending appeal – requirement to show appeal would be rendered nugatory Appeals – time limits and service of notice of appeal – seven-day service rule under Court of Appeal rules Computation of time – counting starts the day after the triggering event Constitutional discretion (Article 126(2)(e)) – technical noncompliance not excused absent satisfactory justification Mistake of counsel – generally not visited on the opposing party absent compelling reason
 21 November 2019
Elgon Terrace Hotel Limited v Nyinakiza (Miscellaneous Application No. 175 of 2019) [2019] UGIC 40 (21 November 2019)
Stay of execution denied due to late service of notice of appeal and failure to request the record of proceedings.
Stay of execution – application pending appeal – requirements for notice of appeal and service under Court of Appeal Rules; computation of time (exclude day of event); obligation to request record of proceedings to prosecute appeal; limits of Article 126(2)(e) as remedy for procedural default; prejudice and rendering appeal nugatory.
 21 November 2019
Mutebi v MTN (U) Limited (Labour Dispute Miscellaneous Application No. 102 of 2019) [2019] UGIC 214 (21 November 2019)
Court allows amendment to clarify claim quantum and reliefs, finding no prejudice and ordering filing within seven days.
Civil procedure – Amendment of pleadings (Order 6 r.19; CPA s.100; Judicature Act s.33) – Amendments to clarify quantum and consequential reliefs – No demonstrated prejudice – Amendments allowed in interest of substantive justice.
 21 November 2019
Basuula v Attorney General and Others (Labour Dispute Miscellaneous Application 18 of 2019) [2019] UGIC 224 (15 November 2019)
Whether the Industrial Court may execute its own award and whether execution was premature; application dismissed.
Industrial Court – Execution of awards – Jurisdiction to execute decrees – Not bound by High Court administrative circular – Registrar empowered to execute; Civil procedure – Notice to Show Cause – Not mandatory within one year of judgment; Appeal procedure – Validation of late appeals is for the Court of Appeal; Enforcement remedies – Mandamus and committal applications.
 15 November 2019
Lukyamuzi V Energo Project Niskogro - Anoja [2019] UGIC 221 (14 November 2019)
Termination unlawful for failure to follow statutory notice and procedure; claimant awarded general damages, severance and interest.
Employment law – unfair termination – failure to follow statutory notice and procedural requirements (Sections 58, 65, 66, 68) – collective bargaining agreement inapplicable – awards of general damages, severance and interest.
 14 November 2019
Ogas Services (U) Limited v Bakashaba (Labour Dispute Miscellaneous Application 174 of 2019) [2019] UGIC 230 (13 November 2019)
Stay of execution granted pending determination of out‑of‑time leave to appeal; registrar erred in relying on labour officer proceedings.
Civil Procedure — Order 43 r.3 — Stay of execution — Requirements: likelihood of substantial loss, no unreasonable delay, security for due performance — Registrar’s reliance on labour officer proceedings improper — Stay granted pending application for leave to appeal out of time.
 13 November 2019
Kyambogo University v Nambirige and 53 Others (Labour Dispute Miscellaneous Application 33 of 2019) [2019] UGIC 228 (6 November 2019)
A garnishee decree will not be reviewed absent new, credible bank evidence; failure to produce such evidence renders the application a veiled appeal.
Garnishee proceedings — Review — Alleged double payment — Requirements for new evidence under Section 82 CPA and O.46 r.1(b) — Bank remittance reports versus bank statements — Res judicata/veiled appeal — Failure to appear between decree nisi and decree absolute.
 6 November 2019
Finance Trust Bank v Oketcho Okodi (Labour Dispute Miscellaneous Application 75 of 2019) [2019] UGIC 227 (4 November 2019)
Delay and reliance on unavailable proceedings do not justify extension of time to lodge a notice of appeal.
Civil procedure – Extension of time to appeal – Employment Regulations 2011 r.45(1) – 30‑day notice requirement; Record/award not prerequisite to notice of appeal; Delay and dilatory conduct disentitle applicant to extension; Security for performance of decree not alone sufficient to justify extension.
 4 November 2019