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Citation
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Judgment date
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| May 2023 |
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Claimant failed to prove unlawful dismissal but was awarded two months' unpaid wages based on payment records.
Labour law – alleged summary dismissal – burden to prove termination; evidence – documentary pay records v oral testimony in labour disputes; entitlement to unpaid wages; duty to provide written particulars and pay statements.
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3 May 2023 |
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2 May 2023 |
| April 2023 |
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Late undisclosed witness statement introducing unpleaded investigative evidence denied and expunged for causing prejudice and departing from pleadings.
Civil procedure — late witness statements — Order 18 Rule 5A CPR Amendment 2019 — witness statements are evidence not pleadings — evidence must conform to pleadings — prejudice from unpleaded evidence — expungement of late evidence.
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26 April 2023 |
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Court conditionally reinstated a dismissed labour dispute, finding no automatic abatement but accepting counsel’s negligence could justify reinstatement.
Industrial Court — dismissal for want of prosecution — automatic abatement under Order 17 Rule 5 CPR—absence of mandatory scheduling conference — sufficient cause — negligence/mistake of counsel can justify reinstatement — inherent powers (Section 98 CPA, Section 33 Judicature Act) — conditional reinstatement with costs and strict timelines.
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24 April 2023 |
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Court conditionally reinstated a long-running employment claim, finding counsel’s negligence a sufficient cause despite the applicant’s weak explanation.
Labour/Procedure – Reinstatement after dismissal for want of prosecution; Order 17 Rule 5 CPR – abatement requires a scheduling conference; Inherent jurisdiction (s.98 CPA, s.33 Judicature Act) to grant relief; Negligence/mistake of counsel may constitute sufficient cause; Conditional reinstatement and costs where prolonged delay and lack of diligence.
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24 April 2023 |
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Summary dismissal without a fair disciplinary hearing was unlawful; claimant awarded damages, severance, and basic compensation.
Employment law – unfair dismissal – summary dismissal without notice – procedural fairness and right to be heard – admissibility and effect of admissions – requirement to follow employer’s disciplinary procedure and Employment Act – remedies: general, aggravated damages, severance, basic compensation, interest.
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19 April 2023 |
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A labour officer may not shift from mediation to adjudication without referral; claimants awarded unpaid wages and damages.
* Employment law – existence of employment relationship – oral/verbal contracts – conduct and credibility of uncontroverted witness statements.
* Labour disputes – jurisdiction of labour officer – distinction between mediation/conciliation and arbitration/adjudication – procedural limits on shifting methods.
* Remedies – award of unpaid wages and general damages in employment disputes.
* Procedure – guidance on framing issues, recording proceedings and making reasoned awards by labour officers.
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14 April 2023 |
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Non‑payment of wages constituted constructive dismissal; employee awarded unpaid wages, deductions refunded, severance, notice, general damages and costs.
Employment law – non‑payment of wages; unilateral deduction of allowances; constructive dismissal under s.65(1)(c) Employment Act; remedies—unpaid wages, refund of illegal deductions, severance pay, payment in lieu of notice, general damages, costs and interest.
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14 April 2023 |
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Termination was unlawful because the claimant lacked authority to approve funds; statutory and compensatory remedies awarded.
Employment law – unfair dismissal – burden to prove misconduct; scope of employee’s duties and approval authority; reliability of internal audit reports and evidence; procedural fairness and suspension limits; statutory severance, pay in lieu of notice, general damages and interest.
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12 April 2023 |
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11 April 2023 |
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Termination found unfair where respondent failed to produce pivotal CCTV evidence; claimant awarded severance, notice, leave and damages.
* Employment law – Discipline and dismissal – Procedural fairness under Section 66 Employment Act – Notice, opportunity to be heard and right to be accompanied.
* Employment law – Substantive fairness under Section 68 Employment Act – Employer must prove reason for dismissal; verifiable misconduct required.
* Evidence – Critical documentary/video evidence (CCTV) must be produced where it is the basis for dismissal.
* Remedies – Severance, notice in lieu, untaken leave, general damages and costs for unfair dismissal.
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11 April 2023 |
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Claimant proved unpaid wages March–July 2017 and was awarded UGX 25,000,000 plus general damages; other claims failed for lack of proof.
Employment law — unpaid wages — proof of employment period — use of email/WhatsApp contemporaneous communications; Employment Act provisions on wages, pay statements, leave and employer obligations; proof required for NSSF remittances and allowances.
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5 April 2023 |
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Interim injunction against sale of mortgaged property dismissed for lack of required substantive foundation and non‑compliance with Mortgage Regulations.
Industrial Court – interim injunction – requirement of pending substantive application (Order 50 r3A(3) CPR); Mortgage law – Regulation 13(1) Mortgage Regulations 2012 requires 30% deposit before adjournment/stoppage of sale; jurisdiction – mortgage disputes generally regulated by Mortgage Act/commercial division; interim injunction tests (prima facie case, irreparable injury, balance of convenience).
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3 April 2023 |
| March 2023 |
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Industrial Court lacks jurisdiction over tort claims against a non‑employer absent an employment relationship.
Employment law – Jurisdiction of Industrial Court – Limited to disputes arising from an employer-employee relationship (Section 2 Employment Act; Section 8 LADASA) – Tort claims (false imprisonment, malicious prosecution) against the Attorney General do not fall within Industrial Court jurisdiction – Section 93(6) EA inapplicable where no employment relationship exists.
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31 March 2023 |
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Claimant's written explanation and participation in disciplinary proceedings rendered the dismissal lawful; claim dismissed without costs.
Employment law – dismissal and fair disciplinary process; notice and opportunity to respond; written explanations as admissions; Employment Act ss.66, 68, 73; summary dismissal justified where admission exists.
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27 March 2023 |
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Grounds raising mixed law and fact filed without leave are incompetent and struck out; appeal limited to legal issues.
Employment law – Appeals under section 94(2) Employment Act – appeal on law lies as of right; appeals on fact or mixed law and fact require leave; grounds raising factual evaluations struck out if filed without leave; requirement for concise grounds of appeal.
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24 March 2023 |
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A dispute arising from a contract for service is outside the Industrial Court's jurisdiction; preliminary objection upheld.
Labour jurisdiction – contract of service v contract for service – Ready Mixed Concrete control test – procedural submission to jurisdiction v substantive jurisdiction – independent contractor status.
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24 March 2023 |
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17 March 2023 |
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Claimant failed to prove unlawful termination; unauthenticated WhatsApp evidence inadmissible; redeployment and written particulars ordered.
* Employment law – alleged dismissal communicated by WhatsApp – admissibility of electronic evidence under the Electronic Transactions Act – requirement to prove authenticity and reliability of electronic records. * Agency and authority – third party consultant’s communications not binding absent proof of authority. * Remedies – reinstatement/redeployment where employer willing to re-employ. * Statutory obligation – employer must provide written particulars of employment under Section 59.
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17 March 2023 |
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Review of severance and reinstatement failed for lack of manifest error, new evidence, and due diligence.
* Labour law – review of Industrial Court award – Section 17 LADASA and Order 46 CPR – grounds: interpretation or new and relevant facts.
* Civil procedure – review vs appeal – error apparent on the face of the record must be manifest; failure to evaluate evidence is an appeal.
* Evidence – discovery/production and due diligence required to rely on post-judgment documentary evidence (NSSF/bank records).
* Remedies – severance calculation and reinstatement: criteria and exceptional nature of reinstatement.
* Costs in labour disputes – ordinarily not awarded absent misconduct.
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17 March 2023 |
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9 March 2023 |
| February 2023 |
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Extended unpaid suspension without a hearing rendered the later non-renewal unfair, triggering statutory remedies for the claimant.
* Employment law – suspension: employer may suspend for inquiry under s.63 but suspension must comply with pay and time limits.
* Employment law – right to fair hearing: s.66 requires explanation of reasons and opportunity to be heard before dismissal for misconduct or poor performance.
* Termination – non-renewal of fixed-term contract: where non-renewal is premised on flawed disciplinary suspension, termination may be unfair.
* Deductions from remuneration – statutory limits: unlawful deductions are recoverable (ss.45–47, 46(1) Employment Act).
* Remedies – severance, pay in lieu of notice, leave pay, repayment of unlawful deductions, damages for denial of hearing and general damages.
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28 February 2023 |
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Unfair dismissals upheld where employer failed to investigate or prove coercion; employer ordered to repay loans and pay compensatory awards.
Labour law – unfair dismissal – employer's duty to investigate and prove reasons for dismissal (Sections 66, 68 Employment Act) – natural justice in disciplinary proceedings – employer liability for outstanding salary‑based loans following unlawful dismissal – remedies: general damages, severance, payment in lieu of notice, interest.
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27 February 2023 |
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Court stayed an extension application for want of service and ordered service and filing timelines to protect the respondent's right to a fair hearing.
Labour procedure – interlocutory application – extension of time – requirement to serve opposing party – fair hearing under Article 28 – stay pending respondent’s reply and specified timelines.
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27 February 2023 |
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Court entered judgment on claimant's admission, awarded compensation, and ordered each party to bear its own costs.
* Civil procedure – Judgment on admission – Order 13 r.6 permits entry of judgment where admission is clear and unambiguous.
* Labour law – Remedies – Section 8(2a)(d) Labour Disputes (Arbitration and Settlement) Amendment Act 2020 empowers court to award compensation and other reliefs.
* Costs in employment disputes – awarded only where misconduct, frivolity or abuse; otherwise parties may be ordered to bear their own costs.
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27 February 2023 |
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An applicant must prove an appeal is pending and execution is imminent before a court will grant a stay of execution.
* Civil Procedure – Stay of execution – Application under Order 43(3) & (4) – Applicant must show appeal pending and imminent risk of execution; mere application for enlargement of time insufficient.
* Evidence – Proof of filing (received stamp, filing fees) required to demonstrate appeal pending.
* Abuse of process – Right of appeal cannot be used to stifle judgment creditor’s entitlement to execution.
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27 February 2023 |
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Court found the defence evasive under CPR but exercised discretion to preserve it and ordered a full hearing.
Pleadings – general and evasive denials – Order 6 Rules 8 and 10 CPR; striking out pleadings – Order 6 Rule 30 CPR; Employment law – employer’s burden to prove reasons for dismissal (Employment Act s.68(1)); court’s discretion and equitable/constitutional mandate to decide on merits; consideration of annexures to pleadings.
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13 February 2023 |
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Whether the applicant proved sexual harassment and whether the respondent lawfully and fairly dismissed the applicant.
Employment law – sexual harassment (Employment Act s.7; Employment (Sexual Harassment) Regulations 2012) – burden of proof on claimant; employer obligations to display, issue and enforce policy – unfair dismissal – substantive and procedural fairness (failure to follow progressive performance management, biased disciplinary committee, premeditated dismissal) – remedies: salary arrears, notice in lieu, severance, accrued leave, general damages, interest.
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10 February 2023 |
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Court dismissed preliminary objections (time bar, misnomer, locus standi, nullity) and set the labour dispute for full hearing.
* Labour law – procedural objections – locus standi and proof of service; * Labour law – time limits – LADASA s.5 and Employment Act s.93(7) – when a reference to Industrial Court is competent; * Civil procedure – misnomer – curable error and amendment; * Labour procedure – validity of referrals where labour officer employed mediation and/or adjudication methods.
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10 February 2023 |
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10 February 2023 |
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6 February 2023 |
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Industrial Court refused costs after claimant's non‑attendance, holding costs are exceptional and require misconduct.
Industrial Court – costs – discretion under Section 27 CPA – Labour Disputes (Arbitration and Settlement) (Amendment) Act 2020 confers power to order costs – costs awards in labour forums are exceptional – grounds for costs: frivolous, vexatious or misconduct – non‑attendance may justify dismissal but not necessarily costs.
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6 February 2023 |
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6 February 2023 |
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Application to review Industrial Court award dismissed for failure to show new evidence or error apparent on the record.
* Civil procedure – Review of judgment – Order 46 CPR; Section 82 Civil Procedure Act; Section 17 LADASA – grounds for review: new evidence, mistake or error apparent on face of record, other sufficient cause. * Labour/industrial law – corporate sanction – board resolution not required to commence labour proceedings. * Review vs appeal – failure to evaluate evidence is ordinarily an appeal ground, not review. * No new evidence, no error apparent; application dismissed.
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6 February 2023 |
| January 2023 |
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An interim stay of execution granted where a pending substantive application with arguable grounds and status quo existed; appeal time held to be timely.
* Civil procedure – computation of time – exclusion of Christmas vacation (24 Dec–15 Jan) under Order 51 Rule 4 CPR – notice of appeal held within time. * Appellate procedure – propriety/grounds of appeal under Rule 23(2) – determination reserved for Court of Appeal, not Industrial Court. * Evidence/procedure – advocate/agent authority and deponent’s power of attorney – no documentary proof required where deponent is a named officer. * Interim relief – stay of execution – requirement of pending substantive application with likelihood of success; status quo to be preserved.
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29 January 2023 |
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A prescribed diplomatic organization is immune from domestic jurisdiction for official employment disputes, barring statutory exceptions.
• Diplomatic immunity – extension to prescribed organizations under S.I. 54 of 2019 and Diplomatic Privileges Act; • Domestication of Vienna Convention provisions (Article 31) in domestic law; • Immunity from civil/administrative jurisdiction for official acts – applicability to employment disputes; • Exceptions to immunity (private immovable property, succession, professional/commercial acts) and waiver under Host Agreement; • Jurisdictional bar to domestic employment claims against diplomatic organizations; • Host Agreement dispute-resolution provisions as alternative forum.
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20 January 2023 |
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Ex parte order set aside for counsel’s compassionate absence; hearing reinstated with no further adjournments.
Civil procedure – Setting aside ex parte orders (Order 9 CPR) – sufficient cause – counsel’s absence on compassionate grounds – negligence of counsel not to be visited on litigant – constitutional right to fair hearing – balancing finality and substantive justice – sanction for non‑compliance.
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16 January 2023 |
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Ex parte order set aside: counsel’s compassionate absence amounting to sufficient cause, but strict finality directions imposed.
* Civil procedure – Order 9 r27 CPR – Setting aside ex parte orders where defendant was prevented by sufficient cause from appearing.
* Civil procedure – Sufficient cause – compassionate absence of counsel and mistakes by counsel may justify setting aside ex parte orders.
* Civil procedure – Negligence of counsel – lapse by counsel ordinarily should not be visited on the litigant.
* Constitutional law – Right to fair hearing and substantive justice balanced against need for finality and sanctions for dilatory conduct.
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16 January 2023 |
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16 January 2023 |
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Appeals on facts require prior leave; court granted leave to appeal factual awards and directed expedited prosecution of the appeal.
* Employment law – Appeals from labour officer decisions – Section 94(2) Employment Act 2006 and Rule 24 LADASA Rules – appeals on law lie as of right; appeals on fact or mixed law and fact require leave.
* Competence of appeal – distinction between grounds of law and grounds of fact/mixed – necessity for specificity in memorandum of appeal.
* Procedural directions – grant of leave to appeal on factual awards and directions to expedite appeal.
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16 January 2023 |
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Court granted conditional stay pending appeal, requiring deposit of half the decretal sum by bank guarantee.
Labour law — Stay of execution pending appeal — Requirements: prima facie success, irreparable harm, balance of convenience — Security as condition for stay — Authority to instruct counsel and capacity to depose affidavits — Extraction of decrees — Order 21 Rule 7 CPR compliance.
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13 January 2023 |
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Court granted the applicant leave to appeal on factual issues about termination reasons and project funding.
Employment law – leave to appeal under s.94(2) Employment Act – questions of fact – failure to evaluate evidence characterized as law – labour officer findings on termination and project funds – expedited directions.
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9 January 2023 |
| December 2022 |
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22 December 2022 |
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Dismissal unlawful where employer failed to prove alleged stock loss and did not afford a fair disciplinary hearing.
Employment law – unfair dismissal – burden of proof under s.70(6) Employment Act – requirement for written probationary contract – right to fair disciplinary hearing under s.66 and Article 44 – admissibility/impact of parallel criminal proceedings – remedies for wrongful dismissal (general, aggravated damages, severance, weeks’ pay).
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22 December 2022 |
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Employee on authorized leave without pay was unlawfully terminated; employer failed to prove breach of HR policy.
Employment law – termination and dismissal – employer must give reasons and hearing before dismissal (Employment Act ss.65–66); pre‑employment disclosure requirements; leave without pay does not constitute gainful employment; remedies for unfair dismissal – severance, general damages, interest.
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22 December 2022 |
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Applicant failed to show sufficient cause or leave to appeal; stay application dismissed with no order as to costs.
Civil procedure – Stay of proceedings pending appeal – Applicant must show sufficient cause; Rule 5 (Judicature (Court of Appeal Rules)) provides for extension of time not automatic stay – Notice of intention to appeal insufficient – Leave to appeal and evidence of a pending appeal required.
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20 December 2022 |
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Workplace sexual‑harassment complaint not time‑barred; pleading defects insufficient to warrant strike‑out; matter to proceed to trial.
Labour law – sexual harassment claims – limitation period runs from filing with labour officer; pleadings must give particulars but absence of dates not necessarily fatal; novel sexual‑harassment claims to be decided on merits rather than technicalities; strike‑out reserved for truly frivolous or vexatious pleadings.
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19 December 2022 |
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Industrial Court may determine defamation arising from employment; defective particulars do not automatically warrant striking out the whole employment claim.
* Industrial Court jurisdiction – torts arising from employment – defamation as ancillary to labour disputes – s.93(6) Employment Act does not oust Industrial Court jurisdiction.
* Pleadings – defamation – requirement to plead verbatim words and particulars of publication – failure may render defamation claim bad in law.
* Civil procedure – strike out – court discretion to preserve employment claims despite defective ancillary tort particulars.
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19 December 2022 |
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The Industrial Court struck out an appeal because the memorandum of appeal was filed late without a valid extension.
* Appeals – time limits – memorandum of appeal must be filed within 30 days of receipt of record (CPA analogy where LADASA silent); * Civil Procedure Act – applied by analogy to LADASA procedural lacunae; * Industrial Court constitution – Section 10B requires a Judge and three members; panel mentions without a Judge cannot validly extend time; * LADASA Rules r.6 – extensions of time require formal application and validation; * Mistake of counsel – not a sufficient ground to cure non-compliance absent special circumstances and evidence; * Affidavits – authorization unnecessary where deponent has direct knowledge.
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13 December 2022 |
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Claims for leave arrears accruing before 19 June 2012 are time-barred; Industrial Court may adjudicate leave and damages.
• Limitation — six-year period under Limitation Act (Cap. 80) — cause of action accrues on filing with labour officer (court of first instance). • Industrial Court jurisdiction — not confined to arbitration; may adjudicate leave arrears and general damages. • Procedure — referral timelines (no automatic sanction for late referral), delayed memorandum filing noted; personal service of notice of reference required.
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9 December 2022 |