Uganda Case Law

Kakira Sugar Limited v Awoko (Labour Dispute Appeal No. 002 of 2023)

Kakira Sugar Limited v Awoko (Labour Dispute Appeal No. 002 of 2023) [2024] UGIC 88 (25 September 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 002 of 2023

Judge

Tumusiime-Mugisha, J, Mugambwa, Panel Member, Mubuuke, Panel Member, Ebyau, Panel Member

The Labour Officer, having initiated mediation proceedings, lacked jurisdiction to render an arbitral decision without the parties' consent and without following the procedural requirements for arbitration or adjudication. The absence of pleadings, sworn evidence, and proper procedural safeguards rendered the Labour Officer's decision a nullity. The Industrial Court reaffirmed that mediation and arbitration/adjudication are distinct processes under the Employment Act, and their conflation constitutes a procedural error and a travesty of justice. Consequently, the Labour Officer's decision was…

Source excerpt

• Unlawful Dismissal
• Labour Officer Jurisdiction
• Mediation Vs Arbitration
• Procedural Irregularity

Baganda and 25 Others v Mayuge Sugar Industries limited (Labour Dispute Miscellaneous Application 65 of 2021)

Baganda and 25 Others v Mayuge Sugar Industries limited (Labour Dispute Miscellaneous Application 65 of 2021) [2022] UGIC 87 (27 October 2022)

Court

Industrial Court of Uganda

Case number

Labour Dispute Miscellaneous Application 65 of 2021

Judge

Tumusiime-Mugisha, J, Gidongo, Panel Member, Aciro Panel Member, Rwomushana, Panel Member

The Industrial Court dismissed an application for leave to adduce fresh evidence on appeal, finding no showing of earlier refusal, new material, or necessity.

• Admission Of Fresh Evidence
• Appellate Procedure
• Labour Dispute Appeal
• Mediation Vs Arbitration
• Admission-of-fresh-evidence
• Appellate-procedure

Pile Corporation Ltd v Twed Property Development Ltd (CAD/ARB/ 4 of 2018)

Pile Corporation Ltd v Twed Property Development Ltd (CAD/ARB/ 4 of 2018) [2018] UGCADER 2 (9 February 2018)

Court

Center for Arbitration and Dispute Resolution of Uganda

Case number

CAD/ARB/ 4 of 2018

Clause 10 of the agreement between the parties constitutes a valid arbitration agreement under the Arbitration and Conciliation Act. The reference to 'failure of arbitration' does not render the clause inoperative, as the intention of the parties was to resolve disputes through arbitration first, with recourse to courts only upon failure of the arbitral process. The applicant's reference to mediators in correspondence is an error attributable to counsel and does not affect the enforceability of the arbitration clause. The respondent's refusal to cooperate in the appointment of arbitrators doe…

Source excerpt

• Arbitration Clause Interpretation
• Party Autonomy
• Appointment Of Arbitrator
• Mediation Vs Arbitration