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.
7 judgments
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7 judgments
Citation
Judgment date
November 2024
Collective redundancy by outsourcing was procedurally unlawful; Claimants awarded general damages, but overtime and leave claims failed.
Employment law — Collective termination (Section 80(1) EA) — redundancy by outsourcing — employer's duty to notify Labour Commissioner and consult employees. Procedural fairness — notice of intended termination and consultation are mandatory; payment in lieu of notice does not cure failure to notify/consult. Proof of overtime and leave — special damages require precise contemporaneous records; mere testimony insufficient. Remedies — severance not payable for unlawful collective redundancy under cited provisions; Court may award general damages, interest and costs for unlawful termination.
28 November 2024
Procedural irregularities in labour officer referral rendered the Industrial Court reference incompetent; decisions set aside and file remitted.
Employment law – Industrial Court referral jurisdiction – Competency of referral by labour officer – Procedural irregularity and inadequate lower record – Functus officio considerations – Remedy by setting aside decisions and remitting file to Commissioner of Labour.
28 November 2024
Employer breached contractual entitlement to monthly CPI; court ordered recomputation and awarded damages, no costs.
Employment law – contract of service – remuneration – Consumer Price Index (CPI) as monthly contractual benefit – employer cannot unilaterally vary wage particulars or convert monthly CPI to an annual adjusted formula without written consent – UBOS monthly CPI to govern computation – breach for non-payment; partial restitution accepted; awards of general and aggravated damages; no costs.
27 November 2024
Whether correspondence from an advocate constituted an unambiguous admission of resignation sufficient for judgment on admission.
Civil procedure – Judgment on admission – Order 13 Rule 6 CPR – admissions must be clear, plain and unambiguous before judgment can be entered; Evidence – Admissions by agents/advocates admissible but must meet clarity standard; Employment law – whether correspondence constitutes admission of resignation.
22 November 2024
Redesignation was lawful, but non‑renewal was unfair because the employer breached its HR renewal procedures and notice obligations.
Employment law – fixed‑term contracts and termination – redesignation vs new contract – employer’s obligation to follow internal HR renewal procedures and contractual/ statutory notice – remedies: payment in lieu of notice, general damages, leave entitlement, certificate of service.
22 November 2024
A claim against the Uganda Police Force is incurable where the Police Act does not vest it with capacity to sue or be sued; such employment claims belong against the Attorney General.
Civil procedure – Amendment and substitution of parties – Suit against non-existent legal person – Juristic personality – Uganda Police Force not a corporate body capable of suing or being sued – Employment claims against UPF should be brought against the Attorney General – Suit against non-existent party incurable.
8 November 2024
Failure to pay salary constituted constructive dismissal; claimant awarded arrears, general damages and interest.
Employment law – Constructive dismissal – Employer’s failure to pay wages as fundamental/repudiatory breach under s.64(1)(c) Employment Act. Remedies – unpaid salary arrears net of statutory deductions, general damages, interest. Taxation – computation of PAYE after statutory contributions (NSSF) under Income Tax Act. Costs – no order as to costs absent misconduct.
1 November 2024