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Citation
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Judgment date
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| November 2021 |
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Leave to appeal on factual issues granted where respondent filed no affidavit in reply, implying no rebuttal.
Civil procedure – leave to appeal on questions of fact – Section 98 Civil Procedure Act; Employment law – appeal from Labour Officer’s Award – Section 94(2) Employment Act; Failure to file affidavit in reply – fatal omission – no rebuttal; Reliance on precedent (DFCU Bank Ltd v Muwanga; Agro Supplier Ltd v Uganda Development Bank).
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5 November 2021 |
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Leave to appeal on material questions of fact granted where respondent filed no affidavit in reply, leaving assertions unrebutted.
Labour law — leave to appeal on questions of fact — failure to file affidavit in reply — absence of rebuttal — precedential rule that omission is fatal — leave granted to revisit Labour Officer's evaluation of evidence.
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5 November 2021 |
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The respondent's brief failure to secure a meeting did not amount to constructive dismissal; Section 31 was misapplied.
Employment law – constructive dismissal – test for unreasonableness of employer conduct; Labour officer’s misapplication of Section 31 (inability to pay wages) where complaint concerned provision of work (Section 40); employer discretion to grant leave; employee’s resignation after limited attempts to see employer not automatically constructive dismissal.
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5 November 2021 |
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Appeal dismissed where appellant failed to file submissions and respondent gave no justification to increase the labour officer’s award.
Employment law – Appeal from labour officer – Section 94(3) Employment Act – Court’s power to confirm, modify or overturn labour officer awards – Requirement for parties to file submissions and justify modification or increased relief – Failure to file submissions grounds for dismissal.
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5 November 2021 |
| October 2021 |
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Termination after over two months’ sickness was lawful, but employer must pay the two months’ statutory sick pay.
Employment law – sickness absence – section 55 Employment Act – entitlement to two months’ sick pay and employer’s right to terminate after two months; notice and disciplinary hearing not required where termination follows prolonged sickness; burden of proof for NSSF remittances and untaken leave claims.
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25 October 2021 |
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Court reviewed registrar’s taxation, re-taxing the bill to UGX 9,403,400 in accordance with taxation rules.
Taxation of costs; Advocates (Remuneration and Taxation of Costs) Regulations 2018; classification of documents under Rule 10; instruction fees under Rule 1(d) (10%); attendance allowances (Rule 12); allowance of disbursements in bills of costs.
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22 October 2021 |
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Court set aside Registrar's taxation and reapportioned costs under the Advocates' Taxation Regulations, reducing total to 9,403,400/=.
Taxation of costs; interpretation of Advocates (Remuneration and Taxation of Costs) Regulations (Sixth Schedule, 2018) — Rules 10(1), 10(3), 11 and 12; calculation of instruction fees under Rule 1(d); inclusion of disbursements in bills of costs.
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22 October 2021 |
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Plaintiff failed to prove succession or a valid sale; registered administration and title held indefeasible absent proven fraud.
Land law – Succession certificates and proof of inheritance – Requirement to tender documentary succession evidence; Sale of land – enforceability requires signed written memorandum and proper description; Registration of Titles – Certificate of title and administration presumptively indefeasible except where fraud, which must be strictly proved; Specific performance not available where sale agreement not binding.
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21 October 2021 |
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Applicant failed to show sufficient cause to enlarge time for appeal; delay and lack of diligence justified dismissal.
Labour law – appeals against Labour Officer awards – Regulation 45 Employment Regulations – enlargement of time – section 79(1)(b) Civil Procedure Act and Order 43/51 CPR – sufficient cause/special circumstances – negligence of counsel and dilatory conduct – abuse of court process.
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15 October 2021 |
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Extension of time to appeal denied for inordinate delay, lack of sufficient cause and failure to show arguable appeal.
* Civil procedure – extension of time to appeal – Regulation 45 Employment Regulations (30-day limit) – Court may enlarge time for good cause under Civil Procedure Act and rules; sufficient cause requires absence of dilatory conduct and credible explanation for delay; mistakes or negligence of counsel not automatically excusing client absent evidence of steps taken to pursue appeal; unexplained delay and lack of arguable grounds justify refusal.
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15 October 2021 |
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Newspaper notice alone insufficient where personal service was feasible; dismissal for non‑prosecution refused and matter to proceed on merits.
Labour procedure – dismissal for want of prosecution; registrar's notice by newspaper – generally effective but personal service required where feasible; Rule 5(1)/(2) Industrial Court Procedure Rules; Order 17 r.6 CPR; balance of justice favors hearing where party acts promptly once notified.
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15 October 2021 |
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An attachment-before-judgment application filed before the originating suit is incurably defective and is dismissed.
Civil procedure — Attachment before judgment — Order 40 r 5 CPR — remedy available only where suit is pending; application filed before originating suit is incurably defective and dismissed.
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12 October 2021 |
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Claimant’s fixed-term contract was automatically renewed by continued service; termination by redundancy was lawful and redundancy pay denied.
Employment law – fixed-term contract automatically renewed by continued service after expiry – employer’s burden to provide written particulars – redundancy termination lawful when employer in poor financial state – payment in lieu of statutory notice can validate termination – no statutory redundancy pay under Employment Act.
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12 October 2021 |
| September 2021 |
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Dismissal for want of prosecution set aside due to counsel’s negligence; applicant’s labour claim reinstated.
Labour procedure — setting aside dismissal for want of prosecution — Order 9 r.18 CPR; Advocates (Professional Conduct) Regulations 5(1) & 6 — advocate’s duty to appear, supervise and inform client; counsel’s negligence as sufficient cause to reinstate proceedings.
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24 September 2021 |
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Labour reference dismissed for failure to first appeal to Staff Tribunal under statutory remedy.
Universities and Other Tertiary Institutions Act 2001 – Sections 56 & 57 – Staff Tribunal – requirement to exhaust statutory appeal – competence of proceedings – preliminary objection – abuse of court process.
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24 September 2021 |
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Administration does not excuse failure to follow statutory termination procedures; unlawful dismissal entitles employee to severance, notice and benefits.
Employment law – unfair/unlawful termination; insolvency/administration does not excuse statutory notice or consultation; severance calculation; payment in lieu of leave; contractual flight and repatriation benefits; limits on awarding salary arrears to date of award; discretion on additional compensation.
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24 September 2021 |
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A knowledgeable non-director may swear affidavits and leave to appeal on facts is not time-barred by appeal lodging.
Companies Act – corporate management v. giving evidence; Civil Procedure – Order 19 Rule 1 – evidence by affidavit; Employment Act/Regulations – leave to appeal on questions of fact and timing; Service – affidavits on court record and rejoinder affidavits; Procedural objections – nullity of post-appeal applications.
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21 September 2021 |
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A knowledgeable employee may swear affidavits; rejoinder affidavits on the record are admissible; timing objection dismissed.
Evidence by affidavit – Order 19(1) CPR – admissibility by any person knowledgeable; Companies Act – employee capacity to give evidence; Service of rejoinder affidavits – on record; Employment Act s94(2) and Regulation 45(1) – timing of leave to appeal on questions of fact.
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21 September 2021 |
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Applicant’s motion to set aside dismissal for non‑prosecution denied: advocate’s error and asserted illness did not excuse dilatory conduct and delay.
Civil procedure – setting aside dismissal for non‑prosecution (Order 9) – sufficiency of cause – advocate’s negligence – litigant’s contributory dilatory conduct – delay in applying to reinstate – labour dispute over terminal benefits.
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17 September 2021 |
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The applicant’s dilatory conduct and contributory counsel errors justified dismissing the application to set aside a non‑prosecution dismissal.
Set‑aside of dismissal for non‑prosecution – sufficiency of cause – advocate negligence – contributory dilatory conduct by litigant – delay in application – payment of disputed terminal benefits.
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17 September 2021 |
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Court refused to award interest on a settlement due to late claimant submissions and lack of respondent filings.
Interest on settlement – discretionary award under section 20 Civil Procedure Act – claimant bears burden to establish entitlement – procedural compliance with court timelines – late submissions and absence of respondent – no interest awarded.
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17 September 2021 |
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Labour Officer cannot award general damages; Industrial Court may determine and awarded applicant UGX 1,700,000.
* Employment law – Labour Officer jurisdiction – Section 78 limits compensation awards; general damages not awardable by Labour Officer.
* Procedure – Rule 3(1) Labour Disputes Rules – obligation to refer to Industrial Court when requested.
* Industrial Court powers – Section 94(3) – power to confirm, modify or overturn Labour Officer decisions and assess damages.
* Remedies – general damages for unfair termination where employer fails to give a fair hearing.
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17 September 2021 |
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Unilateral re-designation of a job title that demotes an employee without consent can constitute constructive dismissal and attract compensation.
* Employment law – constructive dismissal – unilateral re-designation of job title without employee consent – demotion and fundamental breach under s.59 and s.65(1)(c) of the Employment Act.
* Remedies – entitlement to severance (s.87), basic and additional compensation (s.78), accrued leave and acting allowances; limits on notice/payment in lieu.
* Procedural – labour officer’s referral of general damages to Industrial Court; section 92 criminal penalty not triggered while remedies under appeal.
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17 September 2021 |
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Applicant failed to show sufficient cause to set aside an ex parte labour award based on counsel’s error.
* Labour law – setting aside ex parte award – Order 9 Rule 27 CPR – requirement to show sufficient cause; counsel negligence – when it will or will not excuse litigant; procedural requirement to file formal application to set aside ex parte proceedings.
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3 September 2021 |
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Correction of an erroneous public service appointment was lawful; termination on abolition and refund claim were denied.
Public service law – Public Service Commission powers to review and rescind prior appointments (Regulation 41, PSC minutes); redesignation vs demotion – when correction of error is lawful; abolition of office – lawful termination on abolition; claims for recovery of overpaid salary – waiver by administrative letter and burden of proof.
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1 September 2021 |
| August 2021 |
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Omission of a case number and an inadequate hearing do not alone establish bias or require retrial; award of severance sustained.
* Employment law – unfair termination – adequacy of disciplinary hearing – remedies for procedural unfairness; * Judicial bias/recusal – omission to assign registration number does not, without more, establish partiality; * Civil procedure – retrial exceptional remedy – requires miscarriage of justice; * Remedies – severance allowance for inadequate hearing.
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6 August 2021 |
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Extension to appeal denied: applicant failed to show good cause for unexplained, inordinate delay.
Employment law – enlargement of time – extension to appeal labour officer’s decision – requirement to show "good cause" and diligence – statutory limitation (Employment Act s94; Reg 45) – unexplained and inordinate delay fatal to application – relevance of concurrent criminal proceedings and counsel’s conduct.
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6 August 2021 |
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Reversion from an acting appointment to a substantive post is lawful and does not constitute a demotion.
Labour law – Acting appointments versus substantive appointments – Acting appointment carries allowance only and may be withdrawn – Reversion to substantive post not a demotion – Disciplinary proceedings quashed by Staff Appeals Tribunal rendering related issues academic.
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6 August 2021 |
| July 2021 |
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Ex parte award delivered without hearing breached Article 28(1); award set aside and retrial ordered due to travesty of justice.
* Labour law – natural justice – ex parte award – constitutional right to fair hearing (Article 28(1)) – necessity of notifying parties and obtaining consent before determining matter without oral hearing. * Procedural irregularity – erroneous referral to magistrate instead of Industrial Court – effect on validity of award. * Remedy – setting aside award and ordering retrial.
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22 July 2021 |
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Labour officer’s ex parte award without proper notice violated the applicant’s constitutional right to a fair hearing.
* Administrative law – Natural justice – Right to fair hearing (Article 28(1)) – Ex parte award where party not heard unlawful.
* Labour law – Labour officer procedure – Arbitration/adjudication on absence – party consent and notice required.
* Jurisdictional procedure – Incorrect referral to magistrate instead of Industrial Court.
* Remedy – Set aside ex parte award; order retrial before different labour office.
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22 July 2021 |
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Whether fixed-term contracts expired by effluxion of time and employee entitled to science salary arrears and substituted gratuity.
Employment law – fixed-term contracts – renewal vs extension – effluxion of time – appraisal obligations – entitlement to science salary arrears – accrued gratuity – Industrial Court first appeal review.
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16 July 2021 |
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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).
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9 July 2021 |
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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.
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2 July 2021 |
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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.
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2 July 2021 |
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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.
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2 July 2021 |
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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.
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2 July 2021 |
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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.
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2 July 2021 |
| June 2021 |
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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.
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11 June 2021 |
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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.
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11 June 2021 |
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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.
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11 June 2021 |
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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.
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4 June 2021 |
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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.
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2 June 2021 |
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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.
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2 June 2021 |
| May 2021 |
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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.
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28 May 2021 |
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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.
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28 May 2021 |
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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.
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28 May 2021 |
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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.
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28 May 2021 |
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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.
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21 May 2021 |
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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.
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21 May 2021 |
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21 May 2021 |