The Industrial Court refused leave to amend a labour claim because the proposed amendments introduced new causes of action not referred by the labour officer.
The Industrial Court held it had jurisdiction over a union-management dispute brought by two former union officials, and overruled the respondent’s preliminary objection.
The Industrial Court's jurisdiction is limited to labour disputes as defined under the Labour Disputes (Arbitration and Settlement) Act (LADASA) and does not extend to claims for compensation for workplace injuries, which are governed by the Workers Compensation Act and fall within the jurisdiction of the Magistrates Court. The claimant's memorandum of claim included a claim for compensation for injuries suffered during employment, which is inseparable from the other claims. According to binding Supreme Court authority, if a court lacks jurisdiction over any part of a case, it lacks jurisdict…
The Industrial Court lacks jurisdiction to entertain claims for compensation arising from workplace injuries under the Workers Compensation Act, as such jurisdiction is exclusively vested in Magistrates Courts. The claimant's memorandum of claim includes compensation for injuries suffered during employment, which falls squarely under the Workers Compensation Act. In accordance with the Supreme Court's holding in Mohan Musisi Kiwanuka v Asha Chand, if a court lacks jurisdiction over any part of a claim, it lacks jurisdiction to try the entire case. The presence of additional claims under the E…
The Industrial Court does not have jurisdiction to entertain claims arising under the Workers Compensation Act, as jurisdiction for such matters is vested exclusively in the Magistrates Court under the Act. Where a claim is partially brought for compensation for workplace injury, the Industrial Court lacks jurisdiction to determine the entire claim, in accordance with the principle that a court cannot adjudicate a case if any part falls outside its jurisdiction. The claimant's claim, being in part for compensation for injuries suffered during employment, is not properly before the Industrial…
The Industrial Court held it lacked jurisdiction over a workers compensation claim arising from a workplace injury and dismissed the case with no order as to costs.
The Industrial Court's jurisdiction is derived from statute and is limited to matters referred to it under the Labour Disputes (Arbitration and Settlement) Act, 2006. However, a counterclaim by an employer against an employee, arising from the same employment relationship and dispute as the main claim, constitutes a labour dispute within the meaning of the Act. The Court has jurisdiction to entertain such counterclaims as part of its referral jurisdiction, provided the dispute arises from the employment relationship and is properly before the Court. The claimant is not precluded from raising…
The Industrial Court determined that it has jurisdiction to hear matters referred to it under Section 24(6) of the Labour Unions Act, provided the statutory procedure is followed—namely, that the Registrar of Labour Unions has made or declined to make an order regarding recognition. In this case, while the Applicant lodged complaints with the Registrar, there was insufficient evidence that the Registrar acted or declined to act as required by law. However, the Court found that a procedural misstep in referral should not bar substantive justice, and thus, the matter should proceed by way of a…
The Industrial Court's jurisdiction is strictly limited to labour disputes that have been formally referred to it either by a labour officer or by another court in accordance with the law. In this case, although the claimant's counsel wrote to the High Court Registrar requesting a referral, there was no evidence on record of a formal reference or cover letter from the High Court to the Industrial Court. The procedural requirements under the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012, specifically Regulations 3 and 5, were not complied with, as there w…
The court found that the applicant's request to amend its memorandum in reply to include a counterclaim for fraud and forgery and to join an additional party was made at an advanced stage of proceedings, after the respondent had already taken the witness stand and testified. The proposed amendment would substantially change the character of the cause of action, introduce a distinct claim not previously pleaded, and prejudice the respondent in a manner that could not be compensated by costs. The court emphasized that amendments should be sought before the hearing and that the applicant's new c…