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Okumu v Equity Bank Uganda Limited (Labour Dispute Reference No. 72 of 2020) [2021] UGIC 27 (17 March 2021)
- Citation
- [2021] UGIC 27
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Industrial Court of Uganda
- Panel
- Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
- Case number
- Labour Dispute Reference No. 72 of 2020
- Language
- English
More details
- Court
- Industrial Court of Uganda
- Panel
- Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
- Case number
- Labour Dispute Reference No. 72 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that since both parties agreed the Labour Officer had heard and completed the matter, it is just and fair that the Labour Officer delivers the Award. The proceedings, if necessary, shall be returned to the Labour Officer for this purpose, and the Award must be delivered by 15/06/2021. The case is adjourned for mention on that date.
Court disposition
Proceedings returned to Labour Officer for delivery of Award; case adjourned for mention.
Orders
- The Labour Officer shall deliver the Award on or before 15/06/2021.
- The case is adjourned to 15/06/2021 for mention.
02
Material facts
Parties
John Okumu
Claimant Counsel: Mr. Mugwere AmbroseEquity Bank Uganda Limited
Respondent Counsel: Mr. Mugalula Patrick03
Procedural history
Posture
Labour Dispute Reference / Preliminary Objection Ruling
04
Questions and positions
Legal issues
- 01
Whether the Labour Officer erred by hearing the parties without delivering an Award.
- 02
Whether the proceedings should be returned to the Labour Officer for delivery of the Award.
Party arguments
- Applicant
- The claimant argued that the Labour Officer heard and completed the matter but failed to deliver an Award, which is necessary for the resolution of the dispute.
- Respondent
- The respondent concurred that the Labour Officer had heard and completed the matter, and agreed that the Award should be delivered to conclude the proceedings.
05
Court’s reasoning
Legal principles
- 01
Employment Act, 2006 (Uganda)
A Labour Officer who hears and completes a matter must deliver an Award to resolve the dispute.
- 02
General principles of natural justice
Fairness and justice require that parties receive a formal decision after a hearing.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that since both parties agreed the Labour Officer had heard and completed the matter, it is just and fair that the Labour Officer delivers the Award. The proceedings, if necessary, shall be returned to the Labour Officer for this purpose, and the Award must be delivered by 15/06/2021. The case is adjourned for mention on that date.
Court disposition
Proceedings returned to Labour Officer for delivery of Award; case adjourned for mention.
- The Labour Officer shall deliver the Award on or before 15/06/2021.
- The case is adjourned to 15/06/2021 for mention.
Source and reliance status
Industrial Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Industrial Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA LABOUR DISPUTE REFERENCE No.072 OF 2020 [ARISING FROM KCCA/CEN/LC/263/2018]
BETWEEN
JOHN OKUMU…………………………………………………………….………….…….. CLAIMANT
VERSUS
EQUITY BANK UGANDA LIMITED …………………………………….......…. RESPONDENT
BEFORE
- 1. Hon. Chief Judge Ruhinda Ntengye - 2. Hon. Lady Justice Linda Tumusiime Mugisha
PANELISTS
- 1. Mr. Adrine Namara - 2. Ms. Suzan Nabirye - 3. Mr. Micheal Matovu
RULING
Considering that the preliminary objection is all about the Labour Officer having heard the parties without delivering an Award, and considering that both counsel agree that the matter was heard and completed by the Labour Officer, it is only fair and just that the Labour Officer delivers his/her Award. Accordingly, the proceedings of the Labour Officer, if necessary, shall be returned for purposes of delivering the Award. The Labour Officer is expected to deliver the Award on or before 15/06/2021 and accordingly the case is adjourned up to 15/06/2021 for mention.
17/03/2021 Mr. Mugwere Ambrose from Claimant. Claimant present. Mr. Mugalula Patrick for respondent.
Delivered & Signed by:
| 1. | Hon. Chief Judge Ruhinda Asaph Ntengye | …………………………. | |----|-------------------------------------------|-------------| | 2. | Hon. Lady Justice Linda Tumusiime Mugisha | ………………………… | | | PANELISTS | | | 1. | Mr. Adrine Namara | ……………………… |
2. Ms. Susan Nabirye ………………………..
| 3.<br>Mr. Michael Matovu | ……………………… | |--------------------------|-----------| |--------------------------|-----------|
Dated: 17/03/2021
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