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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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8 judgments
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April 2019
Mukooba v Opportunity Bank (Labour Dispute Claim 51 of 2015) [2019] UGIC 35 (30 April 2019)
Claimant’s undisclosed conflict of interest justified lawful dismissal, but procedural lapses warranted four weeks' pay.
Employment law – summary dismissal – conflict of interest – duty to disclose financial interest – disciplinary fairness – employer’s failure to provide investigation extracts and to accept chosen companion – Section 69(3) and Section 66(4) Employment Act – limited compensation despite lawful dismissal.
 30 April 2019
Nafuna v Dott Services Limited (Labour Dispute Claim 14 of 2014) [2019] UGIC 29 (30 April 2019)
Claimant's unauthorised absence justified summary dismissal, but lack of pre-termination hearing entitles four weeks' pay.
Employment law – status of worker (employee v. sub-contractor); unauthorised absence and summary dismissal under s.69 Employment Act; employer's duty to notify and afford hearing – remedy under s.66(4) (four weeks' pay).
 30 April 2019
Kabi Geofrey v National Union of Protection and Agricultural Workers (Labour Dispute Claim 52 of 2015) [2019] UGIC 24 (12 April 2019)
A request for contractual gratuity is not resignation; employer’s conduct forcing handover amounted to constructive, unlawful dismissal.
Employment law – constructive dismissal – employer conduct treating a request for contractual benefits as resignation can amount to constructive and unlawful dismissal (Employment Act s65(1)(c)). Contractual gratuity – entitlement under standing orders; qualification and calculation (10% formula). Evidentiary burden – employee must prove salary arrears with consistent documentary evidence. NSSF claims – employee must prove deductions were made and not remitted to fund.
 12 April 2019
Aijukye v Barclays Bank (U) Ltd (Labour Dispute Claim 243 of 2014) [2019] UGIC 1 (5 April 2019)
Voluntary early-retirement payments are not NSSF wages, but deducted PAYE not remitted must be refunded with interest and damages.
Labour law – retirement benefits – voluntary early retirement payments not wages for NSSF purposes; employee’s private right to statutory deductions enforceable; PAYE deducted but not remitted – entitlement to refund and interest following tax waiver; dismissed employees not entitled to retirement benefits.
 5 April 2019
Mubiru v The Red Cross Society (Labour Dispute Appeal No. 28 of 2018) [2019] UGIC 9 (5 April 2019)
Alleged failure to evaluate evidence can be a question of law, so mixed‑grounds objections may be overruled and appeal allowed to proceed.
Employment law – Appeals – Section 94(2) Employment Act – appeals limited to questions of law unless leave granted for questions of fact. Appellate review – Evaluation of evidence – Failure to evaluate evidence may constitute a question of law. Procedure – Preliminary objection alleging mixed law and fact – when to overrule. Precedent – reliance on decisions treating improper evaluation as legal issue.
 5 April 2019
Ochwo v Appliance World Limited (Labour Dispute Reference No. 327 of 2015) [2019] UGIC 6 (5 April 2019)
Summary dismissal unlawful where employer failed to hold statutory disciplinary hearing and prove fundamental breach, awarding notice, severance and damages.
Employment law – unfair dismissal – employer’s duty to prove reason for dismissal (s68) and to hold a disciplinary hearing (s66) – validity of summary dismissal (s69) – notice and contractual notice periods – entitlement to severance (s87) – leave entitlement and forfeiture.
 5 April 2019
Mugisha v Equity Bank (Miscellaneous Application No. 70 of 2019) [2019] UGIC 210 (4 April 2019)
Court reviewed its prior severance ruling, holding employees with six months' continuous service are entitled to half a month's salary as severance.
Employment law – Severance pay – Section 87 Employment Act – entitlement for employees with six months’ continuous service – calculation as one half month’s salary (per Donna Kamuli). Judicial review – Error apparent on the face of the record – reviewable under Section 82 Civil Procedure Act/Order 46 r1 CPR and Section 17 LADASA. Interpretation of statutes – failure to consider relevant statutory provision amounts to new/relevant fact warranting review.
 4 April 2019
Mugisha v Equity Bank (U) Limited (Labour Dispute Miscellaneous Application 70 of 2019) [2019] UGIC 229 (4 April 2019)
Court reviewed its prior ruling and held six months' continuous service attracts a half-month's severance, correcting the earlier miscalculation.
Employment law – severance pay – Section 87 Employment Act – entitlement after six months’ continuous service. Precedent interpretation – Donna Kamuli LDC 002/2015 – whether severance pegged to years or months of service. Procedure – error apparent on face of record – reviewability under Section 82 Civil Procedure Act and O.46 CPR; Section 17 LADASA (new and relevant facts). Remedy – review vs appeal; correction of severance computation.
 4 April 2019