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14 Oct 2022

Employment And Labour [2022] UGHCCD 213

New Court View Hotel v Senabulya

New Court View Hotel v Senabulya (Miscellaneous Application No. 32 of 2022) [2022] UGHCCD 213 (14 October 2022)

Court: HC: Civil Division (Uganda)
Case number: Miscellaneous Application No. 32 of 2022
Judge: Byaruhanga Rugyema, J

The High Court held that Section 93 of the Employment Act, 2006, while conferring jurisdiction on the Labour Officer to handle employment disputes, does not expressly oust the jurisdiction of Magistrates' Courts. The court emphasized that ouster clauses must be construed strictly and that the mere grant of jurisdiction to another tribunal does not automatically exclude the jurisdiction of subordinate courts unless expressly stated. The Constitution and the Magistrates Courts Act vest Magistrates' Courts with jurisdiction over all civil matters unless specifically excluded. The court found tha…

Source excerpt

Jurisdiction Of Magistrates Courts
Employment Disputes
Preliminary Objection
Concurrent Jurisdiction
Labour Officer Procedure

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14 Feb 2020

Employment And Labour [2020] UGIC 1

Auto Tune Engineering v Barozi Swaldo & 2 Ors (Labour Dispute Appeal No. 11 of 2018)

Auto Tune Engineering v Barozi Swaldo & 2 Ors (Labour Dispute Appeal No. 11 of 2018) [2020] UGIC 1 (14 February 2020)

Court: Industrial Court of Uganda
Case number: Labour Dispute Appeal No. 11 of 2018
Judge: Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court found that the appellant was denied the right to be heard as guaranteed by Article 28 of the Constitution. The labour officer failed to consider the appellant's request for an adjournment due to short notice and inability to prepare a defense. The principle of natural justice, particularly the right not to be condemned unheard, overrides procedural expediency. As a result, the proceedings and award made in the absence of the appellant were fundamentally flawed. The court held that the appeal succeeds on this ground and ordered a retrial before a different labour officer.