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.
6 judgments
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6 judgments
Citation
Judgment date
April 2024
Whether the claimant was an employee entitled to unpaid wages and what remedies and quantum are appropriate.
Labour law – employment status – employee v independent contractor; proof of wages – contemporaneous pay receipts and parol evidence rule; quantum meruit – limits where a fixed sum is alleged; constructive dismissal and compensatory orders; awards of interest and costs in labour disputes.
19 April 2024
Industrial Court has referral jurisdiction under Section 24 LUA; applicant must file a formal reference for contested recognition dispute.
Labour law – recognition of trade unions – procedure under Section 24 Labour Unions Act; Industrial Court jurisdiction – referral and appellate (not unlimited original) jurisdiction; requirement to use formal reference procedure for contested factual/legal issues; Tripartite Charter – validity/effect not determined on motion where Registrar procedures and evidence are absent.
12 April 2024
Worker labelled contractor held to be an employee and unlawfully summarily dismissed; awarded severance and damages.
Employment law – employee v independent contractor – control, integration and economic reality (multiple-test) – summary dismissal without hearing – statutory dismissal procedure (sections 66, 68, 69 Employment Act) – remedies: severance and general damages.
12 April 2024
Termination for alleged restructuring was procedurally and substantively unlawful; employee entitled to reimbursement, severance and damages.
Employment law – unfair termination – restructuring/redundancy – procedural requirements for collective terminations (s.81 Employment Act) – proof of reason for termination (s.68) – unlawful deductions from wages – remedies: declaration, notice pay, severance, reimbursement and general damages.
12 April 2024
Oral employment contract found; dismissal unlawful for failure to accord fair hearing and prove misconduct.
Employment law – existence and nature of contract (oral v. written probationary contract); unfair dismissal – employer's burden to prove reason and comply with right to be heard (Sections 66, 68 Employment Act); evidentiary rules – expungement of witness statement where witness fails to attend; remedies – salary arrears, payment in lieu of notice, prorated severance, statutory compensation under s.66(4), general damages; costs/disbursements for unrepresented claimant.
5 April 2024
Application to disqualify opposing counsel dismissed for lack of evidence that advocates are witnesses or conflicted.
Advocates – disqualification – Regulation 9 Advocates (Professional Conduct) Regulations – when an advocate is a witness and disqualification is required. Advocate–client privilege – protection of communications for legal advice and narrow exceptions (fraud/crime). Right to choose counsel – limits on interfering with a party’s selection of legal representation. Conflict of interest – requirement to show compellable testimony or demonstrable prejudice before restraining counsel.
2 April 2024