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Employment And Labour [2024] UGIC 40

Kabalinda v Tolesheet Enterprises Limited (Labour Dispute Reference 1 of 2023)

Kabalinda v Tolesheet Enterprises Limited (Labour Dispute Reference 1 of 2023) [2024] UGIC 40 (17 September 2024)

Court
Industrial Court of Uganda
Case number
Labour Dispute Reference 1 of 2023
Judges
Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Matovu

The Industrial Court found that the claimant had previously filed a suit in the High Court at Mubende against the same respondent, seeking the same commission for the sale of land under an agency agreement. The High Court, a court of competent jurisdiction, had fully adjudicated the matter, found a valid agency contract, and awarded the claimant a commission. The claimant admitted to this prior judgment both orally and through counsel. The issues, parties, and subject matter in both cases were identical. Under Section 7 of the Civil Procedure Act, the doctrine of res judicata strictly bars th…

Source excerpt

  • Res Judicata
  • Labour Officer Referral
  • Agency Contracts
  • Commission Entitlement
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Employment And Labour [2021] UGIC 15

Mwesigwa v Attorney General and Anor (Labour Dispute Reference No. 353 of 2019)

Mwesigwa v Attorney General and Anor (Labour Dispute Reference No. 353 of 2019) [2021] UGIC 15 (16 April 2021)

Court
Industrial Court of Uganda
Case number
Labour Dispute Reference No. 353 of 2019
Judge
Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The Industrial Court held that the reference by the labour officer was proper and competent, as the officer explicitly referred the dispute to the court due to a substantial question of law or fact. Even if the labour officer had not referred the matter, Section 5 of the Labour Disputes (Arbitration and Settlement) Act allows parties to refer a dispute to the Industrial Court after eight weeks. The court further held that non-service of the complaint by the labour officer or non-participation of the Attorney General in the proceedings before the labour officer does not render the claim before…

Source excerpt

  • Labour Officer Referral
  • Industrial Court Jurisdiction
  • Service Of Process
  • Premature Filing
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Employment And Labour [2020] UGIC 33

Bosa v Post Bank (U) Ltd (Labour Dispute Reference No. 79 of 2018)

Bosa v Post Bank (U) Ltd (Labour Dispute Reference No. 79 of 2018) [2020] UGIC 33 (11 March 2020)

Court
Industrial Court of Uganda
Case number
Labour Dispute Reference No. 79 of 2018

The court held that the Labour Officer's referral of the claim for damages was properly before the Industrial Court, as nothing in the Employment Act or related statutes precludes such a referral when the remedies required exceed the Labour Officer's powers. The court found that the claimant was unfairly and unlawfully terminated without a hearing, and that general damages are appropriate to compensate for the loss and suffering occasioned by the wrongful dismissal. However, the court distinguished the present case from others with higher awards, noting the claimant's salary and length of ser…

Source excerpt

  • Unfair Termination
  • General Damages
  • Aggravated Damages
  • Labour Officer Referral
  • Remedies For Wrongful Dismissal
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.