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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
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)
Claim succeeds for pension and unpaid PAYE with interest and damages; NSSF claims dismissed.
Employment law – early retirement payments – whether such payments are "wages" for NSSF purposes – NSSF deductions and remittance; Tax law – PAYE deducted but not remitted – effect of 2008 tax waiver; Remedies – interest, general and punitive damages; entitlement determined by termination letters
 5 April 2019
Mubiru v The Red Cross Society (Labour Dispute Appeal No. 28 of 2018) [2019] UGIC 9 (5 April 2019)
Alleged failure by a labour officer to evaluate evidence can be a question of law permitting appellate review under s.94(2).
Employment Act s.94(2) – appeals confined to questions of law (and with leave, questions of fact) – mixed grounds objection – evaluation of evidence may constitute a question of law – preliminary objection overruled
 5 April 2019
Ochwo v Appliance World Limited (Labour Dispute Reference No. 327 of 2015) [2019] UGIC 6 (5 April 2019)
Dismissal without disciplinary hearing or proof of misconduct was unfair; claimant awarded notice, severance, general damages and interest.
Employment law – unfair and unlawful dismissal – procedural requirements for dismissal (sections 66, 68, 69 Employment Act) – contractual notice – remedies: pay in lieu of notice, severance, general damages, interest – leave entitlement
 5 April 2019
Mugisha v Equity Bank (Miscellaneous Application No. 70 of 2019) [2019] UGIC 210 (4 April 2019)
Court reviewed its prior appeal decision, holding employees with six months' service are entitled to half‑month severance.
Employment Act s.87 (severance for 6+ months) – Severance calculation (1/2 month for ≥6 months) – Error apparent on face of record – Review under CPA s.82/Order 46 r.1 and LADASA s.17
 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