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4 Mar 2022

Employment And Labour [2022] UGIC 59

The Cooper Motors Corporation (U) Limited v Bisaso (Labour Dispute Miscellaneous Application 16 of 2021)

The Cooper Motors Corporation (U) Limited v Bisaso (Labour Dispute Miscellaneous Application 16 of 2021) [2022] UGIC 59 (4 March 2022)

Court: Industrial Court of Uganda
Case number: Labour Dispute Miscellaneous Application 16 of 2021
Judge: Tumusiime-Mugisha, J, Mugambwa, Panel Member, Mubuuke, Panel Member, Ebyau, Panel Member

The court found that the appeal in Labour Dispute Appeal No. 39 of 2019 was based on an unauthentic, unsigned, unstamped, and undated award by the Labour Officer, which rendered the appeal a nullity. The subsequent forwarding of a signed award did not cure the defect, as it was not part of the original record of appeal. The applicant failed to establish any error apparent on the face of the record or discovery of new evidence to warrant review under Section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules. However, recognizing that the Industrial Court is the final appe…

Source excerpt

Review Of Judgment
Authenticity Of Awards
Procedural Irregularity
Labour Officer Decisions

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29 Jan 2021

Employment And Labour [2021] UGIC 86

Cooper Motors Corporation (U) Limited v Bisaso (Labour Dispute Appeal No. 39 of 2019)

Cooper Motors Corporation (U) Limited v Bisaso (Labour Dispute Appeal No. 39 of 2019) [2021] UGIC 86 (29 January 2021)

Court: Industrial Court of Uganda
Case number: Labour Dispute Appeal No. 39 of 2019
Judge: Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The appeal was set aside because the record of appeal contained an award from the Labour Officer that was unsigned, undated, and unsealed, rendering it inauthentic and incapable of forming the basis for a valid appeal. The court held that only an authentic, signed, dated, and stamped award forwarded by the Labour Officer can be relied upon for appellate proceedings. The responsibility for furnishing the record of proceedings and award lies with the Labour Officer, not the parties. The matter was referred back to the Labour Officer to provide an authentic record, and no orders as to costs were…