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.
10 judgments
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10 judgments
Citation
Judgment date
May 2024
Counsel's bereavement and the applicant's serious illness amounted to sufficient cause to set aside a dismissal for non-appearance.
Civil procedure – Order 9 Rule 22 CPR – Reinstatement of suit dismissed for non‑appearance; 'sufficient cause' includes advocate's bereavement and party's serious illness; requirement to fix matter for hearing once dismissal set aside.
31 May 2024
An appeal filed beyond the statutory 30‑day period without leave is incompetent and is dismissed.
Labour law – appeals – computation of time – Regulation 45(1) Employment Regulations (30 days) – exclude date of decision and count thirty clear days. Civil procedure – Order 51 r.2 CPR – exclusion of Sundays/public holidays applies only to time periods less than six days. Interpretation Act s.34 – rules for computing time (exclude first day; extend if last day falls on excluded day). Procedural competence – appeal filed out of time without leave is incompetent. Costs – pro se litigant entitled to disbursements, not costs.
24 May 2024
Court ordered independent forensic examination to determine recoverability of a deleted internal email relevant to whistleblowing and dismissal.
Discovery – relevance, possession and control – deleted or deactivated electronic mail – admissible evidence Digital forensics – recoverability of erased emails – expert evidence vs. IT assertions Labour law – application of section 8(2a) LADASA (as amended) to compel inspection and expert assistance Procedural fairness – balancing data privacy with the need to ascertain truth and prevent surprise
24 May 2024
An injunction application to prevent sale of property was dismissed for lis pendens and being a duplicative, abusive proceeding; costs awarded.
Civil procedure – Lis pendens – Section 6 Civil Procedure Act – earlier subsisting injunction between same parties and over same property bars proceeding.* Temporary injunction – duplicative applications – abuse of court process where applicant seeks to injunct property already under court order.* Costs – partial costs awarded where defending party not put to strenuous defence.
20 May 2024
Industrial Court has statutory jurisdiction to hear employer counterclaims arising from employment disputes; jurisdiction may be challenged in defence.
Industrial Court – jurisdiction – statutory foundation under LADASA – referral and appellate jurisdiction; concurrent jurisdiction with High Court. Labour law – employer counterclaims – employer may sue in Industrial Court for losses arising from employee’s breach of trust or contract. Civil procedure – jurisdictional objections – party who files claim/defence may still challenge substantive jurisdiction as a preliminary point.
17 May 2024
Fixed-term contract was constructively renewed, but unpaid salary and other unpleaded remedies were not proved and claim dismissed.
Employment law – fixed-term contract – constructive renewal by conduct where employer accepts work and pays after expiry; proof of unpaid wages requires specific pleading and evidence; parties bound by pleadings; casual employment distinguished from monthly payments; terminal benefits and other remedies must be pleaded and supported by contract or statute.
17 May 2024
Non-renewal before the operative fixed-term expiry amounted to unlawful termination; claimant awarded notice, salary, leave and damages.
Labour law – fixed-term contract – contractual commencement and expiry – non-renewal as termination – premature unilateral termination unlawful; remedies: payment in lieu of notice, unpaid salary, untaken leave and general damages; salary loan recognized and offset against awards; no costs.
17 May 2024
Claimant lawfully summarily dismissed for unauthorised absence; awarded three months’ pay in lieu and service fee only.
Employment law – summary dismissal for unauthorised absence/insubordination – disciplinary suspension (section 62) v investigative suspension (section 63) – entitlement to gratuity, repatriation and damages; award of pay in lieu and service fee only.
17 May 2024
Section 164 IA does not bar claims to contributions held by the NSSF because those sums are not debts of the employer.
Insolvency Act s.164 – effect of administration deed – scope: applies to creditors with provable, quantifiable claims predating deed; statutory pension/social security contributions held by NSSF are not employer debts and do not make employees creditors of employer – Industrial Court has jurisdiction to determine entitlement to funds held by NSSF without leave under s.164.
15 May 2024
Dismissal substantively justified but procedurally unfair: unlawful suspension and failure to disclose investigation report; limited statutory remedies awarded.
Labour law – dismissal for misconduct – substantive justification v procedural fairness; unlawful suspension exceeding statutory limit; duty to disclose investigation report before disciplinary hearing; internal appeals and double jeopardy; remedies limited where dismissal substantively justified but procedurally flawed.
7 May 2024