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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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9 judgments
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Judgment date
July 2019
Blanche Byarugaba Kaira v Africa Field Epidemiology Network (Labour Dispute Reference No. 131 of 2018) [2019] UGIC 20 (26 July 2019)
Industrial Court finds termination unlawful for failure to prove reasons and to accord statutorily required hearing; awards severance and damages.
Labour law – jurisdiction of Industrial Court under LADASA; unfair termination – employer’s burden to prove reason under Employment Act s.68; procedural fairness – s.66 hearing requirement; remedies – severance, general damages, interest; denial of salary arrears and loan recovery where not justified.
 26 July 2019
UMEME Limited v Harriet Negesa (Labour Dispute Appeal No. 72 of 2018) [2019] UGIC 34 (26 July 2019)
Performance appraisals do not replace disciplinary hearing; severance payable for unfair dismissal; s92 fine improperly imposed.
Employment law – unfair dismissal – right to a fair hearing under Article 28 and Section 66 – performance appraisals vs disciplinary hearing; statutory severance under Sections 78 and 87; Section 92(2) fine payable only after refusal to pay severance following a court order; Labour Officer’s power to refer compensation issues to Industrial Court.
 26 July 2019
Akonye v Libya Oils (Labour Dispute Claim 82 of 2014) [2019] UGIC 44 (19 July 2019)
Respondent failed to prove probation and to give a hearing; claimant’s dismissal was unlawful and damages awarded.
* Employment law – Probationary contracts – employer’s burden to prove existence and admissibility of contract documents; primary evidence required. * Employment law – Termination procedure – statutory right to notification, hearing and proof of reasons (Employment Act ss.66, 68). * Estoppel – failure to communicate at expiry of probation and continued employment leads to confirmation. * Remedies – general damages and payment in lieu of notice for unlawful termination; exemplary damages and costs denied.
 19 July 2019
Bundibugyo Energy Cooperative Society Ltd v Kisembao David Bakasima (Labour Dispute Miscellaneous Application No. 14 of 2019) [2019] UGIC 37 (19 July 2019)
Applicant’s delay and failure to specify questions of law meant extension refused and out-of-time appeal struck out.
Extension of time – application to enlarge time to file appeal – requirements: sufficient cause, absence of dilatory conduct, arguable questions of law – failure to attach draft memorandum of appeal – out-of-time appeal struck out.
 19 July 2019
Mudoma Charles v Kenfreight (U) Ltd (Labour Dispute Claim 42 of 2015) [2019] UGIC 26 (19 July 2019)
Suspension beyond the statutory four weeks without inquiry amounted to unlawful termination; claimant awarded damages and interest.
Employment law – Suspension – Employer must investigate and hold disciplinary hearing within statutory period (s.63(2)) – Suspension beyond four weeks without inquiry may amount to unlawful termination – Remedies: general damages, half-pay for suspension period, interest.
 19 July 2019
Dhobuazi v Stanbic Bank Uganda Limited (Labour Dispute Miscellaneous Application No. 68 of 2019) [2019] UGIC 39 (12 July 2019)
Unsubstantiated threats to recover undisputed salary loans do not justify a temporary injunction.
Labour law – interlocutory relief – temporary injunction; recovery of staff salary loans; irreparable harm and imminent threat; status quo pending determination; late-filed submissions inadmissible.
 12 July 2019
Lydia Ndagire v WBS Limited (Labour Dispute Claim 213 of 2014) [2019] UGIC 25 (12 July 2019)
Termination without hearing and without proof of contractual misconduct was unlawful; claimant awarded unpaid salary and notice pay.
* Employment law – unfair dismissal – summary termination – necessity of fair hearing and evidence of contractual grounds for summary dismissal; * Remedies – unpaid salary and payment in lieu of notice awarded; claims for accrued leave, NSSF contributions, salary advance and general damages dismissed for lack of proof; * Civil procedure – ex parte proceeding where respondent under receivership and fails to participate.
 12 July 2019
Ssali & 4 Ors v The B.O.G St. Benedict's SS Buwama (Labour Dispute Claim 96 of 2014) [2019] UGIC 32 (12 July 2019)
Claimants proved employment and unpaid wages; termination not proved, awards limited to arrears shown on legible pay records.
* Employment law – contract of service – oral and written contracts – corroboration required for oral contracts; payslips admissible evidence of remuneration. * School governance – Board of Governors as legal entity remains liable despite change in membership or sale. * Termination – burden to prove dismissal; ‘‘implied termination’’ not established here, so no unlawful dismissal or severance. * Remedies – awards limited to unpaid wages proven by clear pay records; illegible records fail.
 12 July 2019
Owino Raanga v Board of governors Loard's mead & Anor (Labour Dispute Appeal No. 20 of 2016) [2019] UGIC 43 (5 July 2019)
A fixed-term oral employment contract expired; the appellant failed to prove a longer term or unlawful termination.
* Employment law – fixed-term and oral contracts – expiry of fixed-term contract terminates employment; employer not obliged to renew. * Burden of proof – party asserting terms of an oral contract must prove duration and terms. * Procedural fairness – sections 66 and 68 (Employment Act) not triggered where contract expired by its terms. * Statutory remittances – NSSF deductions must be deposited per NSSF Act; employer directed to update remittances where appropriate.
 5 July 2019