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21 Aug 2019

Employment And Labour [2019] UGIC 222

Namusoke v Cairo International Bank Limited (Labour Dispute Miscellaneous Application 132 of 2019)

Namusoke v Cairo International Bank Limited (Labour Dispute Miscellaneous Application 132 of 2019) [2019] UGIC 222 (21 August 2019)

Court: Industrial Court of Uganda
Case number: Labour Dispute Miscellaneous Application 132 of 2019
Judge: Ruhinda-Ntengye, J, Tumusiime-Mugisha, J, Bwire, Panel Member, Nyachwo panel member, Mavunwa, Panel Member

The court held that under section 94 of the Employment Act, appeals to the Industrial Court must be on questions of law, and questions of fact may only be included with leave of court. The memorandum of appeal in Labour Dispute Appeal No. 004/2019 contained grounds mixed with law and fact, and no leave was sought prior to filing. The court rejected the respondent's argument that leave could be sought after filing the appeal, finding no legal basis or precedent for such a practice. The court reviewed relevant case law, including Baingana John Paul Vs Uganda and Karahukayo David & 4 others Vs C…

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Leave To Appeal
Questions Of Law And Fact
Competence Of Appeal
Evaluation Of Evidence

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21 Aug 2019

Employment And Labour [2019] UGIC 42

Namusoke v Cairo International Bank Ltd

Namusoke v Cairo International Bank Ltd (Miscellaneous Application No. 132 of 2019) [2019] UGIC 42 (21 August 2019)

Court: Industrial Court of Uganda
Case number: Miscellaneous Application No. 132 of 2019
Judge: Ruhinda-Ntengye, J, Tumusiime-Mugisha, J

The court held that under section 94(2) of the Employment Act, appeals to the Industrial Court must be on questions of law, and questions of fact may only be included with leave of the court. The court found that the appeal in question included grounds that were mixed law and fact, and no leave had been sought prior to filing. The court rejected the respondent's argument that leave could be sought after filing the appeal, emphasizing that compliance with section 94 is a substantive requirement. However, following precedent, the court scrutinized the grounds of appeal and determined that one g…