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.
8 judgments
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8 judgments
Citation
Judgment date
January 2022
A dismissal for negligence was upheld as lawful after the claimant received a fair disciplinary hearing.
Labour law – disciplinary procedure and fair hearing; Employment Act – procedural and substantive fairness in dismissal; Duty of care of bank officers in verification of customer identity; Burden of proof in ex parte civil employment claims.
28 January 2022
Preliminary objections overruled: dismissal fabrication is a factual issue and the employment contract was duly attached.
Preliminary objections – pure point of law v. question of fact – allegation of fabricated dismissal notice requires trial; Pleadings – Order 7 r14(1) CPR – requirement to attach document satisfied where employment contract pleaded as Annexure A and included in trial bundle; Both preliminary objections overruled; no order as to costs.
23 January 2022
Unlawful dismissal for unproven charges and denial of a fair hearing; claimant awarded general damages.
Labour law – unfair dismissal – adequacy of evidence supporting charges; fair hearing requirements under Section 66 Employment Act and Article 28 Constitution; employer's duty to prove reason connected to capacity or conduct; unlawful suspension under Section 63; remedies and damages.
21 January 2022
First claimant unlawfully dismissed; others procedurally disadvantaged but not defamed; monetary awards and loan consequences ordered.
Labour law – unfair termination – procedural fairness under Employment Act (Sections 65–68, 66) – proof required for dismissal for negligence in banking inter-account transfers; defamation – publication and malice; employee loans – recoverability after unlawful dismissal.
14 January 2022
A discretionary award of interest was denied due to untimely submissions; advocate negligence does not automatically excuse the client's failure to follow up.
Civil procedure – review of interlocutory/award ruling – applicability of section 82 Civil Procedure Act and Order 46 CPR; Discretionary relief – awards of interest require diligence and timely submissions; Advocate negligence – mistake by counsel not automatically visited on client, but context-dependent; Requirement to show sufficient cause for delays in filing submissions.
14 January 2022
Applicant’s review of denial of discretionary interest denied where counsel’s late submissions and applicant’s conduct failed to justify relief.
Civil procedure – review of interlocutory ruling; counsel’s negligence – when client is or is not visited with advocate’s error; discretionary relief – entitlement to interest requires diligence and timely submissions; aggrieved person requirement under section 82 CPA and Order 46 CPR.
14 January 2022
Whether occasional post‑restructuring engagements create an implied renewal of employment and entitlement to salary.
Employment law – retrenchment/rationalization – effect of a termination letter offering to call on expertise "as needed"; implication for re‑engagement. Contract renewal by conduct – continued occasional work and piecemeal payments do not necessarily amount to renewal on original terms. Assignment of duties vs substantive appointment – additional duties assigned to a senior do not create separate salary entitlement absent express terms. Burden of proof – employee must show payment/communications establishing re‑engagement on original terms.
14 January 2022
First claimant unlawfully dismissed and awarded damages; two others dismissed on merits but awarded four weeks’ pay for unfair hearing.
Employment law – unfair dismissal and lawful termination; Section 66 (notification and hearing) and Section 68 (burden of proof) Employment Act; bank employees’ duty of care in inter-account transfers; admissibility and weight of investigation and handwriting reports; procedural fairness – right to particulars, time to prepare and cross-examine; defamation – publication and malice; remedies – damages, notice, severance, statutory four weeks’ pay.
14 January 2022