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.
5 judgments
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5 judgments
Citation
Judgment date
May 2019
Restructuring can justify dismissal, but failure to notify affected employees under section 81 attracts compensatory damages.
Employment law – redundancy/restructuring – substantive lawfulness of collective termination; Employment Act section 81 – duty to notify affected employees and Labour Commissioner; procedural fairness in redundancy; measure of damages for procedural breaches in dismissal; effect of consent payments on claim of wrongful termination.
29 May 2019
Unilateral re‑designation without consent amounted to breach and constructive dismissal; gratuity, general damages, notice and severance awarded.
Employment law – unilateral change of designation; breach of contract; constructive dismissal; proof and particularisation of special damages; gratuity, payment in lieu of notice (s.58) and severance (s.89) entitlements.
24 May 2019
Applicant’s judicial review improperly before Industrial Court; application dismissed for failure to follow prescribed labour referral procedure.
Industrial Court jurisdiction – specialised tribunal; referral requirements from Labour Officer or High Court. Judicial review – requirement of an identifiable administrative decision or proceedings to be subject to review. Civil procedure – mistake apparent on the face of the record – absence of supporting documentation does not justify reinstatement. Labour procedure – labour disputes must follow prescribed filing and referral routes to be heard by the Industrial Court
17 May 2019
Claimant reinstated by consent but denied salary arrears; awarded modest general damages for administrative lapse.
Employment law – reinstatement of former NAADS staff – Ministry of Public Service circular and Solicitor General advice – leave without pay – salary payable only for services rendered – mitigation of loss – administrative lapse – general damages awarded.
10 May 2019
Claimants’ summary dismissal was unlawful for denial of a fair hearing; awarded severance, general damages and interest.
Employment law – unfair/summary dismissal; right to strike and limits; Section 66 (right to hearing) and Section 68 (proof of reason) Employment Act; procedural fairness; remedy — severance calculation (one month’s salary per year), general damages; Section 78 compensation reserved to labour officer.
10 May 2019