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.
9 judgments
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9 judgments
Citation
Judgment date
August 2024
Unilateral re-designation of long‑serving catering staff to cleaning roles was unlawful and constituted constructive dismissal; monetary relief awarded.
Labour law — unilateral variation of employment terms — re-designation vs transfer — constructive dismissal — entitlement to severance, notice pay, accrued pension and repatriation where employer fails to obtain consent or honour legitimate expectation.
23 August 2024
Claimant summarily dismissed without fair hearing; court awards notice, severance, repatriation, leave, general damages and interest.
Labour law – unfair/summary dismissal – requirement to notify employee of reasons and afford fair hearing (Section 65 Employment Act); notice periods and payment in lieu (Section 57); severance and repatriation entitlements (Sections 86, 88 and 38); assessment of general damages for unlawful termination.
16 August 2024
Unlawful summary dismissal without a hearing warrants general and aggravated damages; excessive claims moderated by court.
Employment law – unfair summary dismissal – failure to notify and afford hearing (s.65 Employment Act) – entitlement to general and aggravated damages – assessment of quantum – interest and costs.
16 August 2024
Whether the claimant is entitled to general or aggravated damages beyond payment in lieu of notice for unlawful termination.
Labour law – unlawful/constructive dismissal – entitlement to general damages beyond payment in lieu of notice (Mukadisi) – principles for assessing general damages (salary, length of service, manner of termination, prospects of re‑employment) – natural justice in disciplinary proceedings (adequate notice, disclosure of investigation report, right to be heard) – aggravated damages require proven degrading or callous conduct.
16 August 2024
An unlawfully dismissed employee may recover general damages beyond payment in lieu of notice for procedural unfairness.
Employment law – Unlawful dismissal – Award of general damages in addition to payment in lieu of notice (Mukadisi principle); procedural fairness – notice, disclosure of investigative report, right to confront witnesses; aggravated damages – high threshold; assessment of quantum – salary, service length, employability.
16 August 2024
Claimant awarded general damages beyond notice pay due to procedurally unfair termination.
Employment law – unlawful/constructive dismissal; entitlement to general damages in addition to payment in lieu of notice (Mukadisi); procedural fairness in disciplinary processes; assessment of quantum of general damages; aggravated damages not awarded absent degrading or callous conduct; costs — each party bears its own.
16 August 2024
An unlawfully dismissed employee may recover general damages beyond payment in lieu of notice where procedural unfairness occurred.
Employment law – unlawful/constructive dismissal; entitlement to general damages in addition to payment in lieu of notice (Mukadisi); procedural fairness in disciplinary hearings (adequate notice, disclosure of investigation, right to test evidence); assessment and quantum of general damages; refusal of aggravated damages.
16 August 2024
An employee unlawfully dismissed with procedural unfairness is entitled to general damages beyond notice compensation.
Employment law – unlawful/constructive dismissal – procedural fairness in disciplinary hearings – notice of allegations and access to investigative report Remedies – payment in lieu of notice distinct from general damages; general damages awardable beyond notice period (Mukadisi). Assessment of general damages – factors: length of service, salary, manner of dismissal, loss of employability, inconvenience and distress. Aggravated damages – require evidence of degrading or callous conduct. Costs in employment disputes – each party ordinarily bears own costs absent misconduct
16 August 2024
Application for leave to appeal on facts denied because grounds were general, argumentative and permitted a fishing expedition.
Employment law – leave to appeal on questions of fact or mixed law and fact – s.93(2) Employment Act; Civil procedure – grounds of appeal must be concise and specific – Order 43 rules 1–2 CPR; Appeals – general or omnibus grounds enabling a "fishing expedition" are unacceptable; Application for leave to appeal dismissed with costs.
16 August 2024