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.
8 judgments
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8 judgments
Citation
Judgment date
March 2019
Wage claim dismissed for failure to prove that mobilized funds were actually received to trigger payment obligation.
Employment law — wages and contractual conditions — employee’s entitlement to wages under Employment Act s.41; where contract conditions payment on funds mobilized by employee, employer’s obligation arises only upon receipt of funds; recommendation letter is insufficient proof of disbursement; burden on claimant to prove funds were received.
29 March 2019
A voluntary resignation precludes a section 66 hearing and entitlement to benefits absent contractual or statutory entitlement.
Employment law – Resignation versus employer-initiated termination; applicability of section 66 hearing after resignation; constructive dismissal under section 65(c); evidential and contractual basis for gratuity, repatriation, overtime and leave entitlements; employer actions purporting to reject a voluntary resignation are null and void.
29 March 2019
A decree inconsistent with the court’s decision is void; award amended after reconciliation and interest ordered.
Labour law – Execution of decrees – Decree must accord with the court’s decision; defective decree is not executable – Order XXI Rule 7 (drafting and approval of decree) – Wage reconciliation and lawful deductions – Proof required for absenteeism deductions – Interest on awarded sums.
21 March 2019
Termination effected without required notice/hearing under the Employment Act was unlawful; claimant awarded severance, notice pay and damages.
Employment law – Unlawful termination for restructuring – Application of Section 81 (notice/consultation) to affected employees; right to be heard under Section 66; entitlement to severance (s.87), notice pay (s.58) and damages for unlawful dismissal; insufficiency of uncollected payment evidence for terminal benefits claim.
19 March 2019
Termination for alleged restructuring was unfair where employer failed to prove procedure and prior notice; claimant awarded damages.
Employment law – Unfair termination – Restructuring/operational reasons – employer must show valid reason and follow fair procedure (Section 73(b)). Collective/operational retrenchment – compliance with Section 81 requirements and notification to labour representatives/Commissioner. Payment in lieu of notice – does not cure procedural unfairness if employer fails to prove substantive and procedural justification Remedies – court may award damages (general, notice pay, repatriation, severance) and is not bound by labour officer compensation ceiling
15 March 2019
Application to regularize out-of-time cross-appeal refused for lack of satisfactory reasons and because it was unnecessary.
Civil procedure – extension of time – cross-appeal filed out of time – insufficiency of reasons – mistake of counsel where no instructions given – necessity of cross-appeal versus issues capable of being dealt with in reply.
15 March 2019
Employer breached the recognition agreement by withholding union dues without proper Secretary General notice; interference not proved.
Labour law – Collective bargaining and recognition agreements – Check-off deductions – Valid withdrawal procedures – Labour Unions (check-off) Regulations 2011 – Employer’s duty to act only on union Secretary General’s notice – Interference with union administration (s.4 Employment Act) – Standard of proof for interference.
7 March 2019
Consent judgment and settlement set aside where obtained without applicants' authority; former lawyers ordered to pay costs.
Civil procedure – Setting aside consent judgment – whether consent judgment and deed of settlement procured without authority can be set aside; Agency and representation – requirement of clear authority to bind clients in settlements; Legal professional negligence – liability of former lawyers for misrepresenting clients' authority; Restitution – returning decretal sums recovered under invalid consent.
1 March 2019