|
Citation
|
Judgment date
|
| July 2021 |
|
|
Probationary employees terminated without contractual notice or reasons are entitled to damages and pay in lieu of notice.
Employment law – Probationary contracts – Duration and permissible extension by agreement; statutory minimum notice for probationary termination; employer's duty at expiry of extended probation to confirm or give reasons; prohibition on placing same employee on probation more than once; proof required for special damages (overtime, leave).
|
9 July 2021 |
|
Court granted leave to appeal on mixed law and fact, allowed new legal issues and validated the amended memorandum of appeal.
Employment law – Appeal to Industrial Court – leave required for matters of fact or mixed law and fact; evaluation of evidence may amount to a question of law; legal issues/illegality may be raised at any stage; amendment of memorandum of appeal permitted; Civil Procedure Rules applicable where Labour Rules are silent.
|
2 July 2021 |
|
Court granted leave to appeal on mixed law and fact, to raise new legal issues, and to amend the Memorandum of Appeal; amended memorandum validated.
Employment law – appeal from Labour Officer – leave required to argue points of fact or mixed law and fact – evaluation of evidence may amount to a question of law. Civil procedure – amendment of memorandum of appeal – Order 43/CPR principles applied where Labour Rules are silent. Appeals – raising legal issues of illegality – may be raised at any stage and override pleading technicalities. Procedural timelines – no separate statutory time-limit for seeking leave to argue matters of fact once appeal is filed within prescribed time.
|
2 July 2021 |
|
Conditional stay of execution granted pending appeal, subject to a UGX 44,700,000 bank guarantee.
Stay of execution pending appeal – court’s discretion to prevent appeal being nugatory – requirement for security as condition for stay – balance between right to appeal and respondent’s entitlement to award – timeliness and diligence in pursuing record of proceedings.
|
2 July 2021 |
|
Stay of execution granted pending appeal, conditional on applicant providing a UGX 44,700,000 bank guarantee.
Civil procedure – Stay of execution – Discretion to stay pending appeal where execution would render appeal nugatory. Security – Stay conditional on furnishing reputable bank guarantee to protect successful litigant. Balance of interests – Protecting appellant’s right to appeal while safeguarding respondent’s entitlement to the Award. Procedural conduct – Applicant’s duty to pursue appeal and obtain record is a relevant consideration.
|
2 July 2021 |
|
Court confirmed applicants' computed emoluments under prior Award after respondent failed to challenge computations.
Industrial Court – enforcement of Award – endorsement of computations of emoluments under prior Award – gratuity, leave, transport and ex-gratia allowances – respondent's failure to file reply – acceptance of unchallenged calculations – interest at 21% clause.
|
2 July 2021 |
| June 2021 |
|
|
Court stayed a labour officer’s ruling permitting disciplinary action and allowed additional evidence pending appeal.
Labour law — industrial action and disciplinary procedures; stay of execution pending appeal; admissibility of additional evidence on appeal where lower tribunal failed to hear a party; omnibus applications and substantive justice; declaratory versus executable decisions.
|
11 June 2021 |
|
Court stayed labour officer's decision and allowed additional evidence on appeal, halting disciplinary action pending appeal.
Labour law – interlocutory relief – stay of execution of labour officer's decision pending appeal; Injunction – restraining disciplinary measures pending determination of appeal; Evidence – permission to adduce additional evidence on appeal where administrative decision reached without hearing; Procedure – omnibus applications may be entertained in interests of substantive justice; Costs – no order.
|
11 June 2021 |
|
Whether gratuity applies to earlier contracts without a gratuity clause — court held it does not.
Labour law – Interpretation of Awards – Whether gratuity award applies to earlier fixed-term contracts lacking gratuity clauses; construction of "continuous" renewed contracts; registrar referral under Order 50 rule 7 and s.17 Labour Dispute (Arbitration and Settlement) Act.
|
11 June 2021 |
|
Stay of execution requires pending proceedings or demonstrable substantial loss; counsel negligence allegations alone insufficient.
Stay of execution — requirements — must show pending related proceedings or risk of substantial loss; allegations of ex parte hearing or counsel negligence are relevant to set‑aside applications but insufficient alone for stay — application dismissed where no supporting evidence and no submissions filed.
|
4 June 2021 |
|
Applicant liable for half taxed costs after claimant’s misnaming and withdrawal prevented a costs-in-the-cause order.
Civil procedure – misnomer in party’s pleadings; registrar following claimant’s memorandum; withdrawal of suit; costs cannot be awarded in the cause after withdrawal; partial taxed costs awarded for saved court time.
|
2 June 2021 |
|
Applicant’s misnaming of respondent caused error; after withdrawal, costs cannot be in the cause and applicant ordered to pay half taxed costs.
Industrial/Practice law – misnaming of parties in pleadings – Registrar’s issuance of documents follows names on filed pleadings – misnaming is claimant’s fault; Civil procedure – withdrawal of suit – costs cannot be "in the cause" where the main suit is withdrawn; Costs – discretion to apportion costs where withdrawal saves court time – award of half taxed costs to applicant.
|
2 June 2021 |
| May 2021 |
|
|
Court validated the government's late reply to protect its right to be heard, awarding costs for governmental negligence.
Labour procedure – validation/extension of time – out-of-time reply – delay due to COVID-19 and internal clerical failures – sufficient cause and discretion – right to be heard (Article 28) – prejudice and costs for negligence.
|
28 May 2021 |
|
A Labour Officer who mediates then adjudicates the same dispute renders the adjudication void; retrial ordered before another officer.
Employment law – procedure – Labour Officer acted as mediator before adjudicating – adjudication void; Section 94 Employment Act – appeals on facts require leave; remedy is retrial before different Labour Officer.
|
28 May 2021 |
|
An unexplained delay of over a year merits refusal to extend time and dismissal of an application to file a surrejoinder.
Civil procedure – extension of time – applicant must show sufficient cause; unexplained delay of 1 year 5 months; application struck out as abuse of process; leave to file surrejoinder refused; pleadings can be challenged in cross-examination and on jurisdictional grounds.
|
28 May 2021 |
|
Extension of time to file a surrejoinder denied for unexplained delay and abuse of court process; costs awarded to respondent.
Civil procedure – extension of time – application for leave to file surrejoinder – undue delay of one year and five months – need for sufficient reasons – abuse of court process – pleadings closed – issues to be tested at trial by cross-examination.
|
28 May 2021 |
|
Preliminary objections to a collective claim for terminal benefits were overruled; cause of action and joinder upheld.
Labour law – preliminary objection – whether collective claim for terminal benefits is frivolous or misconceived; whether memorandum discloses cause of action under a CBA. Civil procedure – joinder of plaintiffs under Order 1 r.1 CPR where common questions arise. Labour dispute procedure – scope of referral from Labour Officer to Industrial Court. Limitation – respondent must particularize time-bar complaints; not decided on preliminary objection. Case management – requirement for witness statements or representative order before hearing.
|
21 May 2021 |
|
A consent housing-allowance award is taxable; absent an express term, the employer may deduct and remit PAYE.
Labour law/Execution — Consent award characterized as housing allowance — Income Tax Act s.19(1) includes housing allowance as employment income — PAYE deductible and remittable absent express allocation in consent order — Registrar’s execution ruling challengeable by reference.
|
21 May 2021 |
|
|
21 May 2021 |
|
An endorsed consent agreement is a final consent judgment; subsequent reopening and award are void and set aside.
Labour law – consent settlement endorsed by labour officer – operates as a consent judgment; functus officio doctrine – labour officer cannot reopen matter after endorsing settlement; execution of consent judgment is proper remedy; application for extension of time to appeal irrelevant where consent judgment exists.
|
21 May 2021 |
|
Termination was substantively unlawful because the employer failed to prove tampering despite procedural compliance.
Employment law – unfair dismissal; employer must prove substantive reason for termination; disciplinary procedure compliance insufficient if reason not proved; scope of employee mandate in securing metering points; severance pay where formula absent — one month per year; interest on pecuniary awards.
|
19 May 2021 |
|
Termination for alleged financial incapacity was unlawful where statutory procedures for economic dismissal were not followed.
Employment law – Termination for economic/structural reasons – Employer must comply with procedural requirements in Sections 66, 68 and 81 of the Employment Act; mere assertion of inability to pay is insufficient; relief limited to pleaded claims.
|
17 May 2021 |
|
Application to replace newspaper adverts with internal notices by intelligence personnel dismissed for incompetence and lack of merit.
Representative proceedings – requirement to advertise names – purpose of newspaper advertisement to notify public and confirm authorisation – unsworn affidavit renders application incompetent – national security exemption not established.
|
14 May 2021 |
|
Filing a labour claim in the High Court before the Industrial Court operated is valid; preliminary objection overruled.
Labour jurisdiction – High Court’s unlimited original jurisdiction – validity of filing labour disputes in High Court before Industrial Court operational – referrals to Industrial Court under s.8 LADASA – preliminary objection on improper forum dismissed.
|
14 May 2021 |
|
|
14 May 2021 |
|
Section 17 LADASA allows review of Awards, not interlocutory rulings; courts cannot force parties to add co‑defendants.
Labour law — Section 17 LADASA — review confined to interpretation of Awards, not interlocutory rulings; interlocutory rulings distinguished from Awards; court cannot compel amendment of pleadings to add a co‑defendant against a party’s will; error on the face of the record must be more than a party’s mistaken belief.
|
14 May 2021 |
|
Court found a transfer of business creating continuous service and awarded remedies for unlawful dismissal.
Employment law – continuous service – transfer of business under Section 83(4) – de facto transfer by conduct and transitional communications; unfair dismissal – requirements for summary dismissal under Section 69(3) and notice under Section 58; remedies – notice pay, leave pay, severance, NSSF remittance, general damages, interest, certificate of service; discrimination compensation for medically-dismissed employees.
|
14 May 2021 |
| April 2021 |
|
|
Labour claim dismissed for want of prosecution under Order XVII rule 6; no order as to costs.
Civil procedure – dismissal for want of prosecution – Order XVII r.6 – labour dispute referred from High Court – inactivity for over two years – no order as to costs.
|
30 April 2021 |
|
The applicant’s termination was unlawful; respondent liable for salary arrears and general damages, but commission claim was unproven.
Employment law – termination procedure – employer must give reasons and follow Employment Act (Secs.2,65,66,68,81) and ILO Convention No.158; secondment/control – employee remained under respondent’s employment making respondent liable for unpaid salary; special damages/commission require strict proof.
|
28 April 2021 |
|
Agreed targets and appraisal evidence can justify a PIP and dismissal; absence of a signed contract does not automatically make a hearing unfair.
Employment law – Performance management – validity of Performance Improvement Plans without a signed performance contract or documented review; appraisal evidence and supervisory ratings; fairness of disciplinary/performance hearings; remedies and jurisdiction of labour officer to award unpleaded relief.
|
28 April 2021 |
|
Termination during pregnancy/maternity and without required restructuring consultations was unlawful; damages awarded.
Employment law – maternity leave protection (s.56 Employment Act) – right to return; Restructuring and collective/individual terminations – consultation and notice requirements (s.81 Employment Act); Unlawful dismissal for reasons connected to pregnancy; Remedies: damages and interest; No order as to costs.
|
23 April 2021 |
|
The claimant was constructively dismissed after reassignment without duties during sick leave; awarded severance, leave pay and damages.
Employment law – Sick leave and notification – Constructive dismissal – Unilateral variation or removal of duties and tools of employment – Validity of written contracts and notice of change – Remedies: payment in lieu of notice, payment for untaken leave, severance pay, general damages – Interest on pecuniary awards.
|
22 April 2021 |
|
Counsel's negligence did not excuse filing a mixed law-and-fact appeal without statutory leave; application dismissed.
Employment law – appeals – requirement of leave for appeals on fact or mixed law and fact under Section 94(2) of the Employment Act; negligence of counsel – when counsel's lapses can be imputed to litigant; requirement of exceptional reasons to excuse procedural non‑compliance; amendment/validation of memorandum of appeal; precedential saving of limited grounds.
|
20 April 2021 |
|
Refusal to undertake a PIP and unauthorised leave can constitute insubordination justifying summary dismissal, with limited procedural remedies.
Employment law – performance management – Performance Improvement Plan (PIP) forms part of contract; refusal to participate can constitute insubordination and fundamental breach. Employment law – dismissal – summary dismissal justified for defiance of lawful instructions/unauthorised leave (section 69). Employment law – procedure – employer must comply with section 66; procedural non‑compliance may attract limited remedies (salary arrears).
|
16 April 2021 |
|
An employee whose probation expired without extension was deemed confirmed and unlawfully terminated without statutory procedure.
Employment law – probationary period – three-month probation unextended leads to presumed confirmation; employer must follow Sections 66 and 68 before termination; severance payable only after six months’ continuous service (s.87); notice under s.58 not required for employment under six months; remedies – general damages and interest; punitive damages and costs considerations.
|
16 April 2021 |
|
Parties may refer a labour dispute to the Industrial Court despite a labour officer’s procedural failures; non‑service at the officer stage is not fatal.
Labour law – jurisdiction – referral by labour officer; LADASA s.5 – parties’ right to refer after eight weeks; labour officer’s procedural failures do not render referral incompetent; non‑service at labour officer stage not fatal; referral treated as fresh pleadings.
|
16 April 2021 |
|
Signed separation agreement constituted voluntary resignation; claim of coerced dismissal dismissed, no remedies awarded.
Employment law – resignation versus dismissal – when a signed separation agreement constitutes voluntary resignation Mutual separation agreements – choice, acceptance of benefits and estoppel (approbate and reprobate) Duress/ coercion – burden to prove coercion to vitiate resignation Procedural fairness – disciplinary hearing requirement not engaged where employee resigns by mutual agreement
|
9 April 2021 |
|
Absence of a signed performance contract does not automatically invalidate PIPs or render a dismissal for poor performance unfair.
Employment law – performance management – formal performance contract not strictly required where appraisal and agreed targets exist; employer’s appraisal respected unless fundamentally unreasonable. Employment law – Performance Improvement Plans – clause requiring documented review is not mandatory; informal appraisals/feedback can justify PIPs. Employment law – fair hearing – absence of signed performance contract does not automatically vitiate fairness of disciplinary proceedings. Remedies – awards predicated on unlawful termination fall away where dismissal held lawful.
|
5 April 2021 |
| March 2021 |
|
|
Industrial Court lacks jurisdiction over employment claims by UPDF members attached to the Internal Security Organization.
Jurisdiction – Industrial Court – Whether Employment Act and Labour Disputes Act permit Industrial Court to hear claims by persons who are members of the Uganda Peoples' Defence Forces but deployed to a security organization – Employment Act exclusions (Sections 2 and 3) – Attachment/secondment to UPDF (UPDF Act s.3(b)) – Judicial notice of military service numbers.
|
31 March 2021 |
|
Respondent’s preliminary jurisdictional objection overruled; matter proceeds and issue may be raised on the main appeal.
Labour jurisdiction – existence of local labour office – preliminary objection on jurisdiction; Leave to appeal – suitability of appealing preliminary rulings; Case management – leave to appeal vs raising issues on main appeal.
|
28 March 2021 |
|
Delay and a defective advocate-sworn affidavit warranted dismissal of extension and leave to appeal against the labour officer's award.
Employment law – Appeal from labour officer – extension of time – section 79 Civil Procedure Act – good cause requirement. Appeals – Section 94 Employment Act and Rule 24 Labour Disputes Rules – appeals on questions of law and leave on questions of fact. Procedure – Employment Regulations reg.45 – Registrar’s role in obtaining labour officer’s record. Evidence – Affidavit competence – advocate deposing without authorization renders affidavit defective (Banco Arabe principle).
|
23 March 2021 |
|
Summary dismissal substantively justified, but procedural breach entitled claimant to four weeks’ pay and NSSF remittance with interest.
Employment law – Summary dismissal – substantive justification under section 69 where employee’s conduct fundamentally breaches contract; procedure – fair hearing requirement under Article 44(c) and section 66 of the Employment Act. Disciplinary process – interdiction/investigation insufficient; employer must give opportunity to respond to investigation findings in a disciplinary hearing. Remedies – statutory compensation for procedural breach (four weeks’ pay under section 66(4)); employer ordered to remit unremitted NSSF contributions with interest.
|
23 March 2021 |
|
Industrial Court has jurisdiction where employer had notice via a seconded HR representative; oral complaints reduced to writing suffice.
Labour law – Jurisdiction of Industrial Court on references from Labour Officer – Oral complaints reduced to writing – Notice to employer via participation by seconded HR consultant – Addition of necessary parties.
|
19 March 2021 |
|
Industrial Court has jurisdiction where an employer’s HR representative participated in the labour officer referral; application dismissed.
Industrial law – Jurisdiction of Industrial Court on labour officer referrals; oral complaints valid where reduced to writing; employer deemed notified if its representative participates; omission from labour officer title does not oust jurisdiction; parties may be added in Industrial Court proceedings.
|
19 March 2021 |
|
Where a Labour Officer has heard a matter but not issued an Award, the court may return proceedings and set a deadline for delivery.
Labour procedure – Labour Officer heard matter but failed to deliver Award – Court orders return of proceedings to Labour Officer and sets deadline for Award; adjournment for mention to monitor compliance.
|
17 March 2021 |
|
Application to review court’s salary-scale decision dismissed; applicants failed to prove new M6.1/M6.2 scales reduced their pay or benefits.
Labour law – salary reclassification – whether introduction of M6.1/M6.2 constituted unlawful demotion; interpretation versus review of earlier judgment; proof required to show reduction in remuneration or terminal benefits; employer’s right to categorise staff by duties and qualifications.
|
12 March 2021 |
|
A labour officer’s discretion under the Employment Act cannot extend filing time beyond the Limitation Act’s six-year period; award set aside.
Employment law – limitation – six-year limitation for contract claims applies to employment disputes; labour officer’s discretion under s.71(2) cannot extend beyond Limitation Act. Civil procedure – statute-barred claims – strict application of limitation statutes. Labour jurisdiction – scope of labour officer’s discretion to admit late complaints.
|
10 March 2021 |
|
Unlawful dismissal for lack of hearing and reason despite procedural irregularity in transfer; claimant awarded general damages and certificate of service.
Employment law – Unlawful termination – Employer must give reason and a hearing before dismissal (Employment Act ss.66,68; ILO C158); Transfer under employer policy – procedural non‑compliance does not automatically render transfer void absent proof of material change; Remedies – strict proof required for special damages, certificate of service mandatory, general damages awarded for unfair dismissal.
|
5 March 2021 |
|
Applicant granted interim bank guarantee where foreign respondent failed to prove capacity to satisfy a future decree.
Civil procedure – Attachment before judgment/Order 40 r.1 – interim security to preserve satisfaction of potential decretal sums against foreign respondents. Evidence – burden on respondent to show capacity to satisfy decree and permanence of local presence. Jurisdiction/appeal – preliminary objection rulings and leave to appeal; pending appeal argument inappropriate as a basis to resist interlocutory relief. Balance of convenience – protecting prospective decree versus prejudice to third parties.
|
5 March 2021 |
|
Summary dismissal for alleged examination malpractice upheld as lawful; disciplinary committee had authority and procedural fairness was satisfied.
Labour law – disciplinary procedure – teachers’ professional code of conduct – applicability to private-school teachers; Regulation 14(2) and referral to Education Service Commission; requirement of fair hearing under Articles 28 and 44 and Sections 58/62/66 of the Employment Act; summary dismissal for examination malpractice.
|
3 March 2021 |