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.
15 judgments
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15 judgments
Citation
Judgment date
May 2021
Court validated the government's late reply to protect its right to be heard, awarding costs for governmental negligence.
Labour procedure – validation/extension of time – out-of-time reply – delay due to COVID-19 and internal clerical failures – sufficient cause and discretion – right to be heard (Article 28) – prejudice and costs for negligence.
28 May 2021
A Labour Officer who mediates then adjudicates the same dispute renders the adjudication void; retrial ordered before another officer.
Employment law – procedure – Labour Officer acted as mediator before adjudicating – adjudication void; Section 94 Employment Act – appeals on facts require leave; remedy is retrial before different Labour Officer.
28 May 2021
An unexplained delay of over a year merits refusal to extend time and dismissal of an application to file a surrejoinder.
Civil procedure – extension of time – applicant must show sufficient cause; unexplained delay of 1 year 5 months; application struck out as abuse of process; leave to file surrejoinder refused; pleadings can be challenged in cross-examination and on jurisdictional grounds.
28 May 2021
Extension of time to file a surrejoinder denied for unexplained delay and abuse of court process; costs awarded to respondent.
Civil procedure – extension of time – application for leave to file surrejoinder – undue delay of one year and five months – need for sufficient reasons – abuse of court process – pleadings closed – issues to be tested at trial by cross-examination.
28 May 2021
Preliminary objections to a collective claim for terminal benefits were overruled; cause of action and joinder upheld.
* Labour law – preliminary objection – whether collective claim for terminal benefits is frivolous or misconceived; whether memorandum discloses cause of action under a CBA. * Civil procedure – joinder of plaintiffs under Order 1 r.1 CPR where common questions arise. * Labour dispute procedure – scope of referral from Labour Officer to Industrial Court. * Limitation – respondent must particularize time-bar complaints; not decided on preliminary objection. * Case management – requirement for witness statements or representative order before hearing.
21 May 2021
A consent housing-allowance award is taxable; absent an express term, the employer may deduct and remit PAYE.
Labour law/Execution — Consent award characterized as housing allowance — Income Tax Act s.19(1) includes housing allowance as employment income — PAYE deductible and remittable absent express allocation in consent order — Registrar’s execution ruling challengeable by reference.
21 May 2021

 

21 May 2021
An endorsed consent agreement is a final consent judgment; subsequent reopening and award are void and set aside.
Labour law – consent settlement endorsed by labour officer – operates as a consent judgment; functus officio doctrine – labour officer cannot reopen matter after endorsing settlement; execution of consent judgment is proper remedy; application for extension of time to appeal irrelevant where consent judgment exists.
21 May 2021
Termination was substantively unlawful because the employer failed to prove tampering despite procedural compliance.
Employment law – unfair dismissal; employer must prove substantive reason for termination; disciplinary procedure compliance insufficient if reason not proved; scope of employee mandate in securing metering points; severance pay where formula absent — one month per year; interest on pecuniary awards.
19 May 2021
Termination for alleged financial incapacity was unlawful where statutory procedures for economic dismissal were not followed.
Employment law – Termination for economic/structural reasons – Employer must comply with procedural requirements in Sections 66, 68 and 81 of the Employment Act; mere assertion of inability to pay is insufficient; relief limited to pleaded claims.
17 May 2021
Application to replace newspaper adverts with internal notices by intelligence personnel dismissed for incompetence and lack of merit.
Representative proceedings – requirement to advertise names – purpose of newspaper advertisement to notify public and confirm authorisation – unsworn affidavit renders application incompetent – national security exemption not established.
14 May 2021
Filing a labour claim in the High Court before the Industrial Court operated is valid; preliminary objection overruled.
Labour jurisdiction – High Court’s unlimited original jurisdiction – validity of filing labour disputes in High Court before Industrial Court operational – referrals to Industrial Court under s.8 LADASA – preliminary objection on improper forum dismissed.
14 May 2021

 

14 May 2021
Section 17 LADASA allows review of Awards, not interlocutory rulings; courts cannot force parties to add co‑defendants.
Labour law — Section 17 LADASA — review confined to interpretation of Awards, not interlocutory rulings; interlocutory rulings distinguished from Awards; court cannot compel amendment of pleadings to add a co‑defendant against a party’s will; error on the face of the record must be more than a party’s mistaken belief.
14 May 2021
Court found a transfer of business creating continuous service and awarded remedies for unlawful dismissal.
Employment law – continuous service – transfer of business under Section 83(4) – de facto transfer by conduct and transitional communications; unfair dismissal – requirements for summary dismissal under Section 69(3) and notice under Section 58; remedies – notice pay, leave pay, severance, NSSF remittance, general damages, interest, certificate of service; discrimination compensation for medically-dismissed employees.
14 May 2021