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.
12 judgments
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12 judgments
Citation
Judgment date
September 2024
Immediate termination for alleged negligence without a hearing was unlawful; claimant awarded notice pay, general damages and severance.
Employment law — wrongful/unlawful termination — summary dismissal for alleged negligence without hearing — entitlement to payment in lieu of notice, general damages and severance; claim for unexpired fixed-term wages speculative — interest at 12% p.a.; no costs.
30 September 2024
Contempt claim dismissed: employer facilitated return, paid salaries; limited work due to funding, not willful defiance.
Contempt of court — elements: lawful order, awareness, unjustified non-compliance; employment reinstatement — compliance evidenced by re-engagement, attendance registers, pay slips and training; budgetary constraints as legitimate explanation for limited deployment; dismissal of contempt application; no order as to costs to protect employees enforcing rights.
30 September 2024
Registrar may award costs in execution proceedings, but a lump sum must be taxed before being imposed.
Civil procedure — Costs in execution proceedings — Registrar’s discretionary power to award costs even without a specific prayer — costs follow the event subject to judicial discretion. Costs — Quantum — Award of lump sum without taxation improper — Advocates Act (s.38) requires taxation and party-to-party assessment. Appeals — Filing an appeal does not automatically stay execution absent application for stay.
30 September 2024
Illness can constitute sufficient cause to extend time and permit leave to appeal on factual issues in Industrial Court appeals.
Employment law – appeal from labour officer’s decision – extension of time under Rule 6 – sufficient cause (illness) – leave to appeal on questions of fact where specific factual issues were identified – filing deadlines and cross-appeal.
30 September 2024
Industrial Court lacks jurisdiction over workers' compensation claims; inclusion of such claims mandates dismissal of the entire claim.
Labour law – jurisdiction of Industrial Court; Workers Compensation Act – jurisdiction vested in Magistrates' Court; inclusion of non‑jurisdictional workers' compensation claim requires dismissal of entire claim (Mohan Musisi Kiwanuka principle); preliminary objections – threshold determination.
25 September 2024
Industrial Court lacks jurisdiction over Workers Compensation Act workplace injury claims; entire multi‑headed claim dismissed.
Jurisdiction — Industrial Court — Whether Industrial Court may entertain Workers Compensation Act workplace‑injury claims; Labour Disputes (Arbitration and Settlement) Act limits; Mohan Musisi principle that lack of jurisdiction over part of a suit ousts jurisdiction over whole; preliminary objections on cause of action.
25 September 2024
Industrial Court lacks jurisdiction over Workers Compensation claims; entire claim dismissed for want of jurisdiction.
Jurisdiction – Industrial Court – Whether the Industrial Court has jurisdiction to determine claims under the Workers Compensation Act – Workers Compensation Act vests jurisdiction in Magistrates' Court. Civil procedure – Preliminary objection – Jurisdictional objections must be determined first; failure renders subsequent proceedings a nullity. Pleadings – Mixed claims – Where part of a claim falls under a forum the court lacks jurisdiction to hear, the entire claim may be dismissed (Mohan Musisi principle). Cause of action – Whether employment relationship exists between claimant and an individually sued supervisor (not decided due to jurisdictional dismissal).
25 September 2024
Labour Officer mixed mediation with arbitration without parties' consent, decision set aside for retrial.
Labour Law – Industrial Court appeal – procedural error in arbitration – mediation vs arbitration in labour disputes
25 September 2024
Res judicata bars re-litigation; name variance was a correctable misnomer; appeal dismissed.
Civil procedure – res judicata – Section 7 CPA – execution proceedings barred where matter finally decided. Company name – misnomer – minor variance (Operations v Operators) correctable where identity is certain. Court powers – Section 98/99 CPA and Section 37 Judicature Act – correction of errors and prevention of multiplicity of proceedings. Pleading errors – misnaming by counsel is a proper basis for correction and not for relitigation. Abuse of process – re-igniting same dispute before a labour officer after a prior adjudication is impermissible.
24 September 2024
A labour reference was dismissed as res judicata because a prior High Court judgment had finally decided the same commission claim.
Practice — Res judicata; Civil Procedure Act s.7 — previous suit, competent court, final decision, same parties; Industrial Court — referral jurisdiction under LADASA; admissions under Evidence Act — effect of party admission; judicial economy and preliminary objections.
17 September 2024
Unilateral abolition of position and steep salary reduction constituted constructive dismissal; claimant awarded damages and severance.
Employment law – Constructive dismissal – unilateral abolition of post and substantial salary reduction – contractual (repudiatory breach) and reasonableness tests – causation, reasonable time to resign – remedies: general damages, severance, payment in lieu, unpaid leave, certificate of service; loan set-off claims refused for lack of evidence.
6 September 2024
An economic termination without compliance with statutory procedure is unlawful; employee entitled to leave pay, severance, notice pay and damages.
Employment law – Termination v dismissal – economic (no‑fault) termination for low business; statutory procedural requirements for termination (Sections 57, 58, 65, 80, 86 Employment Act) – insufficiency of converting termination into summary dismissal for absenteeism – entitlement to leave pay, severance (one month per year), payment in lieu of notice and general damages; interest on awards.
6 September 2024