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

13 judgments

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13 judgments

Citation	Judgment date
November 2023
Aronda v Uganda Revenue Authority (Labour Dispute Miscellaneous Application 140 of 2023) [2023] UGIC 85 (30 November 2023) Failure to reply was treated as no objection; leave to amend claims (clarifying facts and correcting computations) was granted with taxed costs. • Civil procedure – Amendment of pleadings – Order 6 Rules 19 & 31 CPR – Amendments to amplify facts and correct computations allowed where no new cause of action or prejudice arises. • Failure to file reply – treated as acceptance of averments/no objection. • Labour law procedure – costs exceptional but may be awarded for misconduct/non-compliance with directions.	30 November 2023
Iga and 2 Others v Vita Foam (2015) Limited (Labour Dispute Reference 34 of 2021) [2023] UGIC 83 (30 November 2023) Summary dismissals without prior notice, investigation or proof of admission are unlawful; damages and severance awarded. Employment law – summary dismissal – requirement of substantive and procedural fairness (Sections 58, 65, 66, 68, 69, 70(6) Employment Act) – employer’s burden to prove admission – remedies: declaration, general damages, severance, interest – unproven NSSF claim denied.	30 November 2023
Global Trust Bank Limited and Another v Ssemombwe (Labour Dispute Miscellaneous Application 5 of 2023) [2023] UGIC 88 (28 November 2023) A Labour Officer may extend filing time beyond three months but not beyond the six‑year Limitation Act period; unpleaded disability fails. Limitation law – interaction of s.71(2) Employment Act and s.3(1) Limitation Act – Labour Officer may extend three‑month filing period but not beyond six‑year statutory limitation; requirement to plead disability/exemption in plaint (Order 7 Rule 6 CPR); late/unpleaded disability allegations insufficient to defeat limitation defence.	28 November 2023
Kampala Capital City Authority v Buwunga (Miscellaneous Application 95 of 2023) [2023] UGIC 53 (20 November 2023) Extension of time granted for appeal where notice was mislaid; leave granted to appeal mixed questions of law and fact. Civil procedure – extension of time – sufficient cause – mistake of counsel and mislaid notice may constitute sufficient cause to extend time. Labour law – appeals from Labour Officer to Industrial Court – a notice of appeal under the Seventeenth Schedule suffices to commence appeal without awaiting certified proceedings. Leave to appeal – threshold for questions of law and leave for questions of fact – leave granted for mixed law and fact where arguable issues exist. Procedure – affidavits filed outside court directions may be struck out; falsehoods subject to severance only if established.	20 November 2023
Serumaga v Defence for Hire Security (Labour Dispute Reference 140 of 2021) [2023] UGIC 73 (17 November 2023) Voluntary resignation found; claimant awarded unpaid wages, accrued leave and general damages, not constructive dismissal. Employment law – constructive dismissal – resignation – when resignation amounts to constructive dismissal; statutory leave and unpaid wages – proof and computation; special damages – requirement of specific pleading and strict proof; general damages and interest.	17 November 2023
Ben Rhaeim Aimen v Granada Hotels (U) Limited (Labour Dispute Appeal 2 of 2023) [2023] UGIC 97 (13 November 2023) Fixed‑term contract with a probationary period does not negate the statutory right to a hearing before dismissal. Labour law – fixed‑term contract with probationary period vs probationary contract – right to fair hearing (Secs 66 and 67 Employment Act) – admissibility before Labour Officer – remedies for unlawful dismissal (compensation, severance, public holiday and leave pay, general damages) – interest and costs.	13 November 2023
Rhaeim Aimen v Granada Hotels Uganda Limited (Labour Appeal 2 of 2023) [2023] UGIC 120 (13 November 2023) A fixed‑term contract with a probationary period does not extinguish the employee's right to a fair hearing before dismissal. Employment law – fixed‑term contract containing probationary clause – distinction between probationary contract and fixed‑term contract with probationary period. Labour procedure – Labour Officer not a court of record – wide procedural discretion; Evidence Act judicial notice rules not binding. Right to fair hearing – Section 66EA mandatory; Section 67EA cannot be construed to derogate constitutional right to fair hearing. Remedies – statutory compensation for failure to hold hearing, public holiday pay shortfall, severance pay, general damages and interest.	13 November 2023
Barbic Tumushabe v The Normandy Company (Labour Dispute Miscellaneous Application 71 of 2023) [2023] UGIC 100 (10 November 2023) Counsel’s mistake in awaiting a medical report amounted to sufficient cause to extend time and validate the dispute reference. Civil procedure – LADASA Rule 6(1) and Section 98 CPA – extension of time to file documents – requirement of sufficient cause; Procedural fairness – solicitor’s/Counsel’s mistake or omission can constitute sufficient cause; Industrial Court jurisdiction – unfair termination claims fall within court’s competence.	10 November 2023
Royal Mabati Limited v Mandela (Labour Dispute Miscellaneous Application 122 of 2023) [2023] UGIC 114 (10 November 2023) Industrial Court cannot extend time or validate appeals to the Court of Appeal; such power lies with the appellate court, so stay denied. Procedural law – jurisdiction – power to extend time for appeal – extension of time and validation of notices of appeal vested in appellate court under CPA and Court of Appeal Rules. Civil procedure – stay of execution – stay requires a properly lodged and served appeal to preserve status quo. Solicitor negligence – negligence of former counsel does not confer jurisdiction on trial court to extend time for appeals governed by appellate rules.	10 November 2023
The Normandy Company v Tumushabe (Labour Dispute Miscellaneous Application 126 of 2023) [2023] UGIC 95 (10 November 2023) The Industrial Court lacks jurisdiction over the respondent's workers' compensation claim; that portion must be severed. Labour law; jurisdiction—Industrial Court lacks original jurisdiction over Workers' Compensation Act claims; Magistrates' Courts have statutory jurisdiction; severance of causes of action; timeliness validated by prior extension.	10 November 2023
The Normandy Company v Tumushabe (Miscellaneous Application 126 of 2023) [2023] UGIC 119 (10 November 2023) Industrial Court lacks jurisdiction over Workers Compensation claims; such claims must be severed and heard by magistrates' courts. Industrial Court — jurisdiction — Workers Compensation Act — magistrates' court has original jurisdiction over WCA claims; Industrial Court has referral/appellate jurisdiction only; severance of non‑jurisdictional causes of action; unfair termination claim to proceed.	10 November 2023
Tumshabe v Normandy Company (Miscellaneous Application 71 of 2023) [2023] UGIC 105 (10 November 2023) Court extended time to file claim, holding counsel's mistake can constitute sufficient cause; dispute validated; no costs. Labour procedure – enlargement of time to file pleadings; Rule 6(1) LADASA – discretionary extension; sufficient cause – mistake or omission by counsel can constitute sufficient cause; Industrial Court jurisdiction – unfair termination claims distinguished from workers' compensation matters.	10 November 2023
Ndhego v Post Bank Limited (Labour Dispute Claim 75 of 2023) [2023] UGIC 94 (2 November 2023) Court stayed damages reference pending appeal, extended time to file appeal grounds due to delayed lower record. Employment law – Labour Officer’s limited jurisdiction to award statutory remedies – referral of non‑statutory damages to Industrial Court; Industrial Court procedure – commencement of appeal under Regulation 45 ER requires a notice of appeal listing grounds (Seventeenth Schedule); duty of Registrar/Labour Officer to furnish lower record; discretion to extend time where record delay not fault of appellant; stay of reference under section 6 CPA to avoid conflicting decisions.	2 November 2023