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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.
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https://judiciary.go.ug/data/smenu/105//The%20Industrial%20Court.html
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12 judgments
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December 2022
Kimbugwe v Kiboko Enterprises Limited (Labour Dispute Appeal 13 of 2021) [2022] UGIC 45 (22 December 2022)
22 December 2022
Kimbugwe v Kiboko Enterprises Limited (Labour Dispute Appeal No. 13 of 2021) [2022] UGIC 5 (22 December 2022)
Dismissal unlawful where employer failed to prove alleged stock loss and did not afford a fair disciplinary hearing.
Employment law – unfair dismissal – burden of proof under s.70(6) Employment Act – requirement for written probationary contract – right to fair disciplinary hearing under s.66 and Article 44 – admissibility/impact of parallel criminal proceedings – remedies for wrongful dismissal (general, aggravated damages, severance, weeks’ pay).
 22 December 2022
Nazziwa v National Social Security Fund (Labour Dispute Reference No. 1 of 2019) [2022] UGIC 36 (22 December 2022)
Employee on authorized leave without pay was unlawfully terminated; employer failed to prove breach of HR policy.
Employment law – termination and dismissal – employer must give reasons and hearing before dismissal (Employment Act ss.65–66); pre‑employment disclosure requirements; leave without pay does not constitute gainful employment; remedies for unfair dismissal – severance, general damages, interest.
 22 December 2022
Uganda Clays Limited v Buyondo and 113 others (Labour Dispute Miscellaneous Application 97 of 2022) [2022] UGIC 53 (20 December 2022)
Applicant failed to show sufficient cause or leave to appeal; stay application dismissed with no order as to costs.
Civil procedure – Stay of proceedings pending appeal – Applicant must show sufficient cause; Rule 5 (Judicature (Court of Appeal Rules)) provides for extension of time not automatic stay – Notice of intention to appeal insufficient – Leave to appeal and evidence of a pending appeal required.
 20 December 2022
Gashirabake v Mwesigye (Miscellaneous Application No. 27 of 2022) [2022] UGIC 24 (19 December 2022)
Workplace sexual‑harassment complaint not time‑barred; pleading defects insufficient to warrant strike‑out; matter to proceed to trial.
Labour law – sexual harassment claims – limitation period runs from filing with labour officer; pleadings must give particulars but absence of dates not necessarily fatal; novel sexual‑harassment claims to be decided on merits rather than technicalities; strike‑out reserved for truly frivolous or vexatious pleadings.
 19 December 2022
Mutono v Kampala International University (Labour Dispute Reference No. 335 of 2017) [2022] UGIC 15 (19 December 2022)
Industrial Court may determine defamation arising from employment; defective particulars do not automatically warrant striking out the whole employment claim.
* Industrial Court jurisdiction – torts arising from employment – defamation as ancillary to labour disputes – s.93(6) Employment Act does not oust Industrial Court jurisdiction. * Pleadings – defamation – requirement to plead verbatim words and particulars of publication – failure may render defamation claim bad in law. * Civil procedure – strike out – court discretion to preserve employment claims despite defective ancillary tort particulars.
 19 December 2022
Auto Tune Engineering Limited v Barozi and 2 Others (Miscellaneous Application No. 92 of 2022) [2022] UGIC 7 (13 December 2022)
The Industrial Court struck out an appeal because the memorandum of appeal was filed late without a valid extension.
* Appeals – time limits – memorandum of appeal must be filed within 30 days of receipt of record (CPA analogy where LADASA silent); * Civil Procedure Act – applied by analogy to LADASA procedural lacunae; * Industrial Court constitution – Section 10B requires a Judge and three members; panel mentions without a Judge cannot validly extend time; * LADASA Rules r.6 – extensions of time require formal application and validation; * Mistake of counsel – not a sufficient ground to cure non-compliance absent special circumstances and evidence; * Affidavits – authorization unnecessary where deponent has direct knowledge.
 13 December 2022
Akoko v Uganda Manufacturers Association (Labour Dispute Reference No. 139 of 2019) [2022] UGIC 14 (9 December 2022)
Claims for leave arrears accruing before 19 June 2012 are time-barred; Industrial Court may adjudicate leave and damages.
• Limitation — six-year period under Limitation Act (Cap. 80) — cause of action accrues on filing with labour officer (court of first instance). • Industrial Court jurisdiction — not confined to arbitration; may adjudicate leave arrears and general damages. • Procedure — referral timelines (no automatic sanction for late referral), delayed memorandum filing noted; personal service of notice of reference required.
 9 December 2022
Tindyebwa and Another v Kabale University (Labour Dispute Reference No. 156 of 2018) [2022] UGIC 37 (7 December 2022)
Transfer preserves contract duration but unlawful retention on old pay scale entitles applicant to back pay; non‑renewal of fixed‑term contract lawful.
Employment law – transfer of contracts under Section 28 of the Employment Act – transferred contracts preserve duration and continuity; validation may vary terms. Fixed-term contracts – non-renewal at expiry lawful absent contract terms to the contrary. Labour rights – allegations of victimisation/discrimination must be proved; mere validation process does not equate to unlawful non-renewal. Remedies – unlawful pay-scale retention entitles employee to back pay; interest awarded; other relief denied.
 7 December 2022
Omondi and 22 Others v Civicon Limited and 2 Others (Miscellaneous Application No. 119 of 2022) [2022] UGIC 11 (5 December 2022)
Court granted substituted service by newspaper and extended time to serve summons after applicants showed due diligence and no prejudice.
* Civil procedure – substituted service – where registered office and business addresses unresponsive – due diligence by affidavit and postal receipts. * Civil procedure – service on corporations – Order 29 Rule 2 CPR; Order 5 Rule 22 CPR. * Labour procedure – enlargement of time – substantive justice and sufficient cause where delay not dilatory; costs to abide outcome. * Remedy – substituted service by newspaper publication (New Vision or Daily Monitor) within 21 days.
 5 December 2022
Dr Bunoti v AAR Health Care Uganda Limited and Another (Miscellaneous Application No. 140 of 2022) [2022] UGIC 9 (2 December 2022)
Respondents had locus standi; late reply struck out; applicant allowed to amend except for matters outside this Court's jurisdiction.
* Employment law – procedural objections – locus standi of named employers; late filing of memorandum of reply; striking out for failure to show sufficient cause. * Civil procedure – amendment of pleadings (Order 6 Rule 19 CPR) – leave to amend to clarify claims but refusal where amendments invoke fora outside court's jurisdiction. * Evidence – affidavits require deponent's knowledge/belief, not separate authorization. * Advocacy – advocates not required to produce instruments of instruction on appearance. * Jurisdiction – Workers Compensation Act and Occupational Safety and Health Act matters not within Industrial Court's jurisdiction.
 2 December 2022
Tumushabe v Torres Advanced Enterprises (Labour Dispute Miscellaneous Application 157 of 2021) [2022] UGIC 88 (2 December 2022)
Judge recused after participating in mediation to avoid a perception of partiality; parties notified.
* Judicial recusal – impartiality and appearance of bias – participation in mediation may create personal knowledge of disputed facts and require recusal under Code of Conduct and Recusal Directions (2019); constitutional right to fair and impartial hearing (Art. 28).
 2 December 2022