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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
11 judgments
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11 judgments
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October 2022
Kizza and Another v Camusat Uganda Limited (Labour Dispute Reference No. 81 of 2017) [2022] UGIC 25 (28 October 2022)
Section 93(7) of the Employment Act is directory; referral after 90 days is not automatically time-barred.
Employment law – Section 93(7) Employment Act – meaning of 'may' – directory vs mandatory; Time limits – 90-day period and referral to Industrial Court; Procedural rules – relevance of Rule 6 (leave) where labour officer referred matter.
 28 October 2022
Kyomuhendo v Ndejje University (Labour Dispute Reference No. 62 of 2020) [2022] UGIC 13 (28 October 2022)
Referral to the Industrial Court was premature where the Labour Officer had heard evidence but failed to render a decision.
Labour law – referral to Industrial Court – premature referral where Labour Officer conducted adjudication but failed to render a decision – duty to make binding order under s.13(1)(a) Employment Act 2006 and Regulation 8(3) Employment Regulations – replication of proceedings discouraged.
 28 October 2022
Baganda and 25 Others v Mayuge Sugar Industries limited (Labour Dispute Miscellaneous Application 65 of 2021) [2022] UGIC 87 (27 October 2022)
Leave to adduce fresh evidence on appeal denied for failure to show new, material evidence or prior denial by lower forum.
Civil procedure – Admission of additional evidence on appeal – Exceptional circumstances required – Criteria: relevance, credibility, materiality, due diligence and absence of undue delay – Requirement to show lower court refused to admit evidence – Tendered document held not newly discovered or material.
 27 October 2022
Nyende and 44 Others v Shoprite Checkers (U) Limited (Miscellaneous Application No. 119 of 2021) [2022] UGIC 22 (26 October 2022)
Where a defendant has no assets in jurisdiction but lacks intent to evade, court may order a reasonable bank guarantee for appearance.
Civil Procedure – Attachment before judgment (Order 40 CPR) – requirement to show intent to avoid execution – absence of assets in jurisdiction – bank guarantee as security for appearance; purchaser’s lack of legal nexus to seller’s liabilities.
 26 October 2022
Entebbe Handling Services T/a National Aviation Services (NAS) v Okello (Labour Dispute Miscellaneous Application No. 87 of 2022) [2022] UGIC 21 (20 October 2022)
A manifest arithmetic error in an award justifies review and substitution of the correct sum; other orders unchanged.
• Civil procedure — Review — Error apparent on the face of the record — manifest arithmetic error in award subject to substitution.• Evidence — Affidavit in reply — Order 19 Rule 3 CPR — affidavit allowed where it contains factual matter within deponent’s knowledge, not argumentative law.• Remedies — Substitution of award figure; preservation of interest; no costs on partial success.
 20 October 2022
Amio v Mua Insurance Uganda Limited (Labour Dispute Reference No. 178 of 2021) [2022] UGIC 38 (14 October 2022)
Labour officer may entertain out‑of‑time dismissal complaints; eleven‑month delay was not time‑barred and claim proceeds.
Employment law – Limitation and jurisdiction – Section 71(2) Employment Act: labour officer’s discretion to entertain complaints after three months; not a strict limitation period – Complaints within six‑year Limitation Act period are not time‑barred – Preliminary objection on time dismissed.
 14 October 2022
Bukenya and Others v Uganda Clays Limited (Labour Dispute Miscellaneous Application 98 of 2022) [2022] UGIC 52 (14 October 2022)
Applicants granted leave to prosecute a representative labour claim after proving written authorizations from 89 dismissed employees.
Representative suits – Order 1 Rule 8 CPR – requirements for representative action: same actual and existing interest, written authorizations, list of persons represented – public advertisement where personal service impracticable – labour dispute claims for unlawful dismissal.
 14 October 2022
Munanura v Sure Care Doctors Clinic and Pharmacy (Labour Dispute Reference No. 325 of 2019) [2022] UGIC 10 (14 October 2022)
Reference to the Industrial Court was premature and the matter is remitted to the Labour Officer to decide on the existing record.
Labour law — Premature referral to Industrial Court after completion of hearings; arbitral proceedings — duty of Labour Officer to issue decision and reasons (Reg. 8(3)); abuse of court process and prejudice where reference made after evidence and submissions; remedy — remittal to Labour Officer to decide on existing record.
 14 October 2022
Kiryankusa v Crown Beverages Limited (Labour Dispute Miscellaneous Application No. 5 of 2022) [2022] UGIC 8 (12 October 2022)
Whether the applicant may compel the respondent to produce seven‑year‑old attendance records, and whether a late affidavit should be struck out.
* Civil procedure – production of documents – relevance, possession and discretion; * Affidavit in reply – late filing – treated as evidence and not struck out where no prejudice and substantive justice warrants; * Employment records – employer’s record‑keeping obligations and statutory retention periods; * Discovery – limits on fishing expeditions and requirement that claimant prove case at trial.
 12 October 2022
Uganda Civil Aviation Authority v Ojiambo (Labour Dispute Miscellaneous Application No. 193 of 2021) [2022] UGIC 18 (5 October 2022)
Court granted extension and validated the appeal due to an arguable legal issue despite an inadequate explanation for delay.
* Labour law – extension of time to appeal – good cause and excusable delay; * Appealability – distinction between questions of law and fact; failure to evaluate evidence as a question of law; * Validation of appeal record; * Allegations of collusion/falsification of court documents – requirement of cogent proof; * Exercise of judicial discretion to expedite appeals and prevent injustice.
 5 October 2022
Crown Beverages Limited v Okot Omoya and Others (Labour Dispute Miscellaneous Application No. 110 of 2022) [2022] UGIC 23 (4 October 2022)
A conditional stay pending appeal was granted subject to deposit of half the decretal sum by bank guarantee.
Stay of execution pending appeal; criteria for stay (prima facie success, irreparable harm, balance of convenience, promptness); conditional stays; security by deposit or bank guarantee; effect of cross-appeal; speedy disposal of labour disputes (LADASA).
 4 October 2022