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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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7 judgments
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June 2019
Babu v Barclays Bank Uganda Limited (Labour Dispute Claim No. 134 of 2014) [2019] UGIC 216 (28 June 2019)
The claimant’s refusal of reassignment and failure to attend disciplinary proceedings made dismissal for insubordination lawful.
Employment law – dismissal for insubordination; suspension pending investigation (s.63 Employment Act); disciplinary procedure and right to be heard; whistleblower complaint converted to grievance; transfer/redeployment and transfer policy; sanctions matrix not exhaustive.
 28 June 2019
Babu v Barclays Bank (U) Ltd (Labour Dispute Claim 134 of 2014) [2019] UGIC 46 (28 June 2019)
Dismissal for refusing reassignment and avoiding disciplinary process was lawful, not protected whistleblower retaliation.
Employment law – dismissal – refusal to accept reassignment; insubordination as a ground for dismissal; whistleblower complaint treated as grievance not protected disclosure; suspension and disciplinary procedure – requirements under Employment Act (s.63, s.66, s.68); requirement to afford reasonable opportunity to be heard (not court standard).
 28 June 2019
Muyimbwa v Ndejje University (Labour Dispute Reference No. 222 of 2015) [2019] UGIC 27 (28 June 2019)
Constructive dismissal found where employer demoted claimant without disciplinary hearing, awarding gratuity and general damages.
Employment law – transfer versus demotion – constructive dismissal – Sections 65, 66 and 68 Employment Act; procedural fairness and disciplinary process; entitlement to contractual gratuity and general damages.
 28 June 2019
Bright Emmanuel v Grand Victoria Limited (Labour Dispute Claim 107 of 2018) [2019] UGIC 36 (21 June 2019)
Court overruled preliminary objections and held the Industrial Court may hear both the employment claim and related counterclaim.
Labour law – termination and counterclaims – counterclaim arising from same employment relationship properly before Industrial Court. Civil procedure – preliminary objections – cause of action, jurisdiction and misjoinder considered at preliminary stage. Pleading – fraud allegations require particulars, but failure to particularize is not necessarily fatal at preliminary stage. Procedural form (nomenclature, separate filing) is technical and does not defeat substantive rights.
 21 June 2019
Ddembelyo Telecom Ltd v Kanyange Doris (Labour Dispute Appeal No. 44 of 2018) [2019] UGIC 38 (14 June 2019)
An appeal filed after the 30‑day statutory period without prior extension is incompetent and struck out.
Employment law – Appeals from Labour Officer – 30-day statutory appeal period (Reg. 45(1), Employment Regulations 2011) – requirement to obtain extension of time before filing/arguing late appeal – competence of appeal – preliminary objection – execution of award.
 14 June 2019
Mugisha v The Director Rwentama Sweaters and Shoe Makers (Labour Dispute Reference No. 24 of 2017) [2019] UGIC 31 (14 June 2019)
Claimant failed to prove an alleged oral employment contract, so claims for unpaid wages and damages were dismissed.
Employment law – contract of service may be oral – but oral contracts require corroboration when relied upon in court. Evidence – burden of proof rests on claimant to prove existence and terms of contract on balance of probabilities (s.101 Evidence Act). Civil procedure – ex parte proceedings do not absolve claimant of evidential burden. Remedies – failure to prove employment relationship defeats claims for wages and damages.
 14 June 2019
Wesonga v Centenary Rural Development Bank Ltd (Labour Dispute Claim 136 of 2014) [2019] UGIC 33 (14 June 2019)
Dismissal for soliciting/receiving facilitation payments was fair and lawful; claim dismissed.
Employment law – unfair dismissal – disciplinary procedures – requirement for impartial hearing under Employment Act (ss.66,68). Evidence – standard of proof in employment disciplinary matters lower than criminal standard; balance of probabilities. Misconduct – soliciting/receiving facilitation/bribe; mobile money transactions as supporting evidence. Procedural fairness – complaints reduced to writing, witness reiteration, and committee conduct do not automatically imply bias. Remedies – dismissal upheld; no damages awarded.
 14 June 2019