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.
9 judgments
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9 judgments
Citation
Judgment date
November 2022
Employee lawfully dismissed for unauthorized absence and failure to produce required medical evidence; procedure complied with statutory requirements.
Employment law – dismissal for unauthorized absence/absconding; sick leave – requirement to produce medical evidence; procedural fairness – compliance with sections 66 and 68 of the Employment Act; section 75 – entitlement to leave; essential employee duties and breach of contract.
25 November 2022
Applicant granted extension to file replies after former counsel’s omission; mistake of counsel accepted as sufficient cause.
Labour law – extension of time to file pleadings – mistake/omission of counsel as sufficient cause – Rule 6 Labour Disputes (Industrial Court Procedure) Rules – adoption of Civil Procedure Rules where Court Rules silent – uncontroverted affidavit evidence accepted.
11 November 2022
Applicant’s extension/leave denied for dilatory conduct, but flawed arbitral award set aside and remitted for fresh inter-partes hearing.
Labour law – appeal and extension of time – leave to appeal; Civil Procedure – good cause for enlargement of time; Procedural fairness – requirement for oath, recorded evidence and stated reasons in labour adjudications; Miscarriage of justice – setting aside arbitral award and remitting for fresh inter-partes hearing; Costs – dilatory conduct may attract adverse costs order.
9 November 2022
Whether an acting appointment entitles the claimant to an acting allowance (not a responsibility allowance) and related remedies; court awards outstanding allowance and damages.
Employment law – Acting appointments – Scope and effect of standing orders (F37) – Director’s power to appoint staff to act in higher posts – Entitlement to acting allowance versus responsibility allowance; Limitation law – accrual of cause of action for unpaid remuneration – six-year limitation period; Remedies – calculation of outstanding acting allowance, interest and general damages.
4 November 2022
Applicant granted extension to file replies because former counsel failed to file pleadings; mistake of counsel accepted as sufficient cause.
Extension of time – Labour disputes – Failure of counsel to file pleadings – Mistake or omission of counsel as sufficient cause – Industrial Court rules supplemented by Civil Procedure Rules – Unopposed affidavits presumed true.
4 November 2022
4 November 2022
Probation can only be validly extended with employee consent; unproven extension makes termination unfair and some awards exceeded labour officer jurisdiction.
Employment law – Probation – Extension of probation requires employee consent (s.67 Employment Act); written contract cannot be varied by parol evidence. Labour procedure – Labour officer must not mix conciliation and adjudication; adequate record-keeping is required. Jurisdiction – Labour officer lacks power to award special/general/punitive damages or to order payment for unserved future contract period; Industrial Court may modify or substitute awards on appeal. Remedies – Terminal benefits properly awarded; future salary awards for remaining fixed-term period are not available to labour officers.
4 November 2022
A dispute may be referred to the Industrial Court where the labour officer fails to determine the complaint within the statutory period; referral was not premature.
Industrial Court jurisdiction; premature referral; LADASA s.6 inapplicable to employee–employer dispute; LADASA s.5 and s.5(3); Employment Act s.93(7); distinction from completed arbitration (Meru); right to refer after labour officer fails to determine within statutory period.
3 November 2022
The applicant's strike-out for premature referral was dismissed; referral valid where labour officer failed to determine within statutory period.
Industrial Court — premature referral — LADASA s6 inapplicable to individual employee disputes; arbitration/mediation not concluded; Employment Act s93(7) and LADASA ss5/5(3) permit referral after statutory period; Meru distinguished.
3 November 2022