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
April 2022
Bonuses paid by mistake were recoverable and the resulting summary dismissals were found lawful and fair.
Employment law – bonus overpayments by mistake; recovery of mistaken payments; disciplinary fairness and representation; breach of trust and lawful summary dismissal; entitlement to costs for unnecessary litigation.
29 April 2022
Manager’s negligent failure to appreciate a bank "CHECKED" stamp justified dismissal, but inadequate disciplinary notice warranted four weeks' pay.
Labour law – termination – managerial duty of care in banking – misuse/meaning of "CHECKED" stamp – negligence/gross misconduct; Procedural fairness – disciplinary notice must state rights and right to be accompanied – Section 66(4) Employment Act – limited compensation for procedural defects.
22 April 2022
Claimant denied a fair disciplinary hearing; dismissal held unlawful and damages, gratuity and interest awarded.
Labour law – unfair dismissal; procedural fairness in disciplinary hearings – right to be heard and to have written defence considered – need for evidence (CCTV, witness statements) to support disciplinary findings – Industrial Court jurisdiction on High Court referrals.
22 April 2022
Claimant unfairly terminated without statutory fair hearing; awarded salary arrears to termination date and UGX 5,000,000 general damages.
Employment law – unfair termination – employer’s duty to accord fair hearing under Employment Act (ss.66,68,73); burden of proof on employer to show payment of wages; NSSF remittances insufficient proof of salary payments; police prosecution does not replace internal disciplinary hearing.
14 April 2022
Claimant had a valid employment contract and was unfairly dismissed without hearing; respondent ordered to pay unpaid salary.
Employment law – existence and validity of contract of service – unpaid salary claim – unfair and unlawful termination without hearing (Employment Act s66, s68) – allegation of forged signature; absence of handwriting expert – evidential burden on forgery claim.
8 April 2022
Court granted stay of execution pending appeal, conditioned on a bank guarantee covering the full decretal sum and accruing interest.
Stay of execution — pending appeal — requirements: likelihood of substantial loss, absence of inordinate delay, security for due performance — appeal with reasonable prospects — bank guarantee for entire decretal sum and accruing interest.
7 April 2022
7 April 2022
A successor local government unlawfully terminated an inherited employee by removing her without a fair disciplinary hearing, attracting damages.
Labour law – termination of employment – transferred employees after creation of new local government – duty of successor employer to conclude disciplinary proceedings and afford fair hearing; unlawful termination; remedies including arrears of pay, pension entitlements and general damages.
4 April 2022