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
March 2024
Application to vacate consent injunction dismissed; press release admitted unremitted sum but not sufficient for judgment; matter fast-tracked.
Consent injunctions – variation or vacatur – limited grounds (fraud, mistake, misapprehension, illegality); status quo and risk of rendering main suit nugatory. Admissions – newspaper/press release admissible; clear admission of audited unremitted NSSF sum but not dispositive where entitlement and excepted employment disputed. Costs in employment disputes – interlocutory costs not awarded; costs generally follow the event but Court discretion applies. Case management – direction to fast-track and finally determine outstanding entitlement issues.
28 March 2024
Claimant failed to prove salary arrears; respondent must continue paying pension of UGX 240,000 monthly.
Labour law – clergy remuneration – absence of uniform salary structure; burden of proof on claimant to prove contractual terms and arrears; parish‑based stipends versus diocesan payments; sufficiency of late retrospective letters as proof; entitlement to pension continues post‑retirement.
25 March 2024
Application to amend pleadings to substitute compensation remedies was dismissed as statute-barred with no exemption pleaded.
Labour law — amendment of pleadings — leave to amend — substitution of remedies — limitation of actions — six-year limitation for employment disputes — statute-barred claims — no pleaded grounds for extension/exemption.
15 March 2024
Substantively justified dismissal for password-sharing was procedurally flawed due to insufficient notice, rendering the dismissal unlawful.
Employment law – dismissal – procedural fairness: employer must give reasonable time to prepare and disclose relevant investigation material; failure to follow higher internal disciplinary standards is a procedural irregularity. Employment law – dismissal – substantive fairness: admission (oral or in appeal) and video evidence can justify dismissal for password-sharing in banking sector. Remedies – procedural breach attracts statutory compensation (four weeks' net pay) and possible general damages; punitive damages exceptional.
15 March 2024
Summary redundancy without proper consultation or statutory notice is unlawful and attracts compensation.
Employment law – redundancy – procedural and substantive fairness – sufficient notice and consultation required; denial of fair hearing; jurisdiction of the Industrial Court over torts ancillary to employment; whistleblower protection limited to public-interest disclosures; negligent/malicious reference and privacy claims require specific proof; remedies include statutory compensation, general and aggravated damages, interest and certificate of service.
11 March 2024
Prolonged suspension beyond statutory period amounted to unlawful suspension and constructive dismissal; remedies awarded.
Employment law – Suspension – Section 63 EA – suspension limited to four weeks or duration of inquiry; prolonged suspension unlawful. Employment law – Constructive dismissal – Section 65(1)(c) EA – indefinite unresolved suspension may amount to fundamental breach and constructive dismissal. Remedies – payment in lieu of notice (Section 58), severance (Section 87), half-pay for lawful suspension, general damages, interest and costs.
1 March 2024
Labour Officer improperly converted conciliation into adjudication; award set aside and matter remitted for fresh hearing.
Labour law — dispute resolution — conciliation vs adjudication — Labour Officer's discretion under s.13 Employment Act — procedural fairness and right to a fair hearing — constructive dismissal award set aside and matter remitted for fresh determination.
1 March 2024