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.
7 judgments
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7 judgments
Citation
Judgment date
August 2019
Employer failed to prove bribery allegation; claimant unlawfully dismissed and awarded notice, severance, damages and interest.
Employment law – Unfair/summary dismissal – Employer’s burden to prove reason for dismissal; informal/telephone investigations insufficient to establish misconduct. Employment law – Investigation procedure – Requirement to investigate and verify complaints; absence of formal investigation/report weakens disciplinary outcome. Limitation – Labour officer’s discretion to entertain complaints filed outside statutory period; Industrial Court may hear late claims. Remedies – Notice in lieu, severance (one month per year where no agreed formula), general damages, and interest.
30 August 2019
Appeals to the Industrial Court must be on questions of law; leave is required to raise factual issues and failure to evaluate evidence may be a legal ground.
Employment Act s.94(2) - appeals to Industrial Court confined to questions of law; leave required for questions of fact; competence of appeals with mixed grounds; evaluation/re-evaluation of evidence can be a question of law; severance of law and fact in poorly drafted grounds; practice on timing of leave applications.
21 August 2019
Industrial Court appeals are limited to questions of law; leave is required for factual issues; failure to evaluate evidence is a legal issue.
Employment law – Appeals to Industrial Court – Section 94(2) Employment Act – appeals confined to questions of law – leave required for questions of fact – competence of grounds of appeal – evaluation of evidence may constitute a question of law.
21 August 2019
Unlawful dismissal without hearing entitles employees to general damages, notice pay and severance; repatriation was denied.
Employment law – unlawful dismissal for lack of hearing and notice – entitlement to remedies; general damages for unlawful (non-summary) dismissal vs statutory 4 weeks’ pay (s66(4)); summary dismissal and s69; payment in lieu of notice; severance calculation; repatriation entitlement under s39; interest on awards.
21 August 2019
Summary dismissal was unfair due to procedural defects, inadequate disclosure and perceived bias, entitling the claimant to damages.
Employment law – Summary dismissal – sections 66 and 69 Employment Act – requirement to accord opportunity to be heard; adequate notice and disclosure of investigatory materials. Natural justice – right to prepare defence, impartial adjudicator; bias where investigator chairs disciplinary hearing. Evidence – authentication of whistle‑blower statements and supporting payslips. Remedies – compensation for unfair/unlawful dismissal; interest; refusal of unproven ancillary claims.
9 August 2019
Claimant entitled to unpaid wages and damages; facilitation allowance denied absent proof and employer’s abscondment claim unproven.
Employment law – unpaid wages – employer’s burden to pay and timing under Employment Act ss.41(1) and 43(4)(c); evidential burden on employer alleging abscondment; facilitation/allowance recoverability requires proof/accountability; remedies include wages, general damages and interest.
3 August 2019
Claimant’s dismissal found unlawful for lack of fair hearing; awarded damages, severance, notice pay, overtime and NSSF, interest applied.
Employment law – unfair dismissal – summary dismissal under Section 69 – fundamental breach vs. misconduct; right to fair hearing under Section 66; remedies for unlawful termination (general damages, severance, notice pay, overtime, NSSF); jurisdiction – premature referral to Industrial Court.
2 August 2019