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.

Visit website

https://judiciary.go.ug/data/smenu/105//The%20Industrial%20Court.html

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9 judgments

Citation	Judgment date
June 2024
Mugoya v Board of Governors Nabumali High School (Labour Dispute Reference 5 of 2022) [2024] UGIC 8 (27 June 2024) Permanent employment inferred from ambiguous confirmation; dismissal unlawful for failure to notify and permit representation, remedies awarded. Employment law – contract ambiguity and confirmation letters – open-ended/permanent versus fixed-term contracts; Procedural fairness – s66 and s68 Employment Act – right to be notified and heard before dismissal; Remedies – severance, general damages, repatriation, interest; Special damages and punitive damages denied for lack of proof.	27 June 2024
Rosset Mugoya v Board of Governors, Nabumali High School (Labour Dispute Reference No. 005 of 2022) [2024] UGIC 84 (27 June 2024) Permanent employment confirmed by omission of fixed term; dismissal without notice or opportunity to be heard was unlawful. Employment law — probation and confirmation — omission of contract duration — ambiguity resolved in favour of employee; dismissal — statutory requirement to notify and permit response before termination; employer’s burden to prove justification — remedies for unlawful termination: severance, general damages, repatriation; dismissal without proof is unfair.	27 June 2024
Ahimbisibwe v Holy Family Virika Hospital Limited (Labour Dispute Reference 10 of 2021) [2024] UGIC 34 (26 June 2024) Claimant lawfully dismissed for 51‑day absence; only unremitted NSSF contributions ordered remitted. Employment law – dismissal for abscondment – procedural and substantive fairness of disciplinary hearings; constructive dismissal – requirements and proof; remedies – salary arrears, terminal benefits and NSSF remittance (order to remit UGX 2,515,464).	26 June 2024
Rwambale v Garfield Institute of Technology (Labour Dispute Reference 8 of 2022) [2024] UGIC 24 (26 June 2024) Unlawful summary dismissal for lack of notification and hearing; claimant awarded general and aggravated damages, interest and costs. Employment law – unfair dismissal – procedural fairness under Section 66 Employment Act 2006 – requirement of notification and hearing; substantive fairness – employer’s burden to prove allegations; claims for salary/NSSF require documentary proof; compensation for unexpired fixed‑term contract speculative; awards of general and aggravated damages; interest and costs.	26 June 2024
Muhindo v ESCO Uganda Limited (Labour Dispute Reference 22 of 2020) [2024] UGIC 27 (25 June 2024) Whether a resigning employee is entitled to full terminal benefits absent a qualified medical retirement recommendation. Labour law – Resignation versus medical retirement – Interpretation of staff handbook (BHR) provisions – Requirement of medical recommendation for medical retirement – Entitlement to unpaid wages, accrued leave, statutory severance under Section 87EA, certificate of service and costs.	25 June 2024
Opio John Emmanuel v Teso Co-operative (Labour Dispute Reference No. 01 of 2021) [2024] UGIC 83 (25 June 2024) An employment dispute governed by a cooperative’s arbitration clause must be referred to arbitration; the Industrial Court lacked jurisdiction. Industrial/Employment law – jurisdiction – arbitration agreement in cooperative byelaws; Cooperative Societies Act s.73 – definition of "officer" includes employees; LADASA s.6 – Labour Officer must refer disputes to agreed arbitration; Arbitration and Conciliation Act s.5(1) – court to refer proceedings to arbitration unless agreement void or no dispute.	25 June 2024
Opio v Teso Cooperative (Labour Dispute Reference 1 of 2021) [2024] UGIC 7 (25 June 2024) A cooperative employee's dispute covered by the society's arbitration clause must be referred to arbitration; Industrial Court lacked jurisdiction. Cooperative Societies Act (s73) – disputes touching business of a registered society – mandatory referral to arbitration; definition of "officer" includes employees. Bye-laws (clause 55) – arbitration clause requiring unresolved disputes to be referred to arbitrator(s) Labour Disputes (Arbitration and Settlement) Act (s6) – Labour Officer to ensure parties follow conciliation/arbitration arrangements; not to refer to Industrial Court Arbitration and Conciliation Act (s5(1)) – duty of judge to refer proceedings back to arbitration where an arbitration agreement applies. Civil procedure – Order 9 r3 procedural objection considered but substance and jurisdiction decided in interest of justice Jurisdiction – court lacks jurisdiction where matter is subject to a valid arbitration agreement	25 June 2024
Star DTU (U) Company Limited v Mutinyu (Labour Dispute Miscellaneous Application 9 of 2023) [2024] UGIC 6 (21 June 2024) Leave to appeal granted only for factual findings forming part of the Labour Officer's decision; preliminary matters excluded. Employment law – Appeal from Labour Officer – Section 94(2) Employment Act 2006 – Leave required to appeal questions of fact or mixed law and fact. Civil procedure – Distinction between questions of law and questions of fact; appellate interference limited to errors of law or misapplication of legal principle. Labour arbitration – What constitutes part of the Labour Officer's decision for purposes of leave to appeal; preliminary matters excluded, evaluation of evidence included	21 June 2024
Nabbagala and 3 Others v Watoto Child Care Ministries (Labour Dispute Reference 85 of 2022) [2024] UGIC 28 (5 June 2024) Industrial Court may admit the respondent’s late-filed documents and assess their weight; Section 30 not established. Labour procedure – Admissibility of late-filed documentary evidence – Industrial Court not bound by strict civil evidence rules (Section 18 Labour Disputes Act) – Late disclosure may prejudice but does not automatically justify expungement – Documents admitted for identification and assessed for weight – Insufficient basis to invoke Section 30 Evidence Act.	5 June 2024