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17 May 2024

Employment And Labour [2024] UGIC 11

Kaima v Brittania Allied Industries Limited (Labour Dispute Reference 7 of 2022)

Kaima v Brittania Allied Industries Limited (Labour Dispute Reference 7 of 2022) [2024] UGIC 11 (17 May 2024)

Court: Industrial Court of Uganda
Case number: Labour Dispute Reference 7 of 2022
Judges: Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Matovu

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…

Source excerpt

Jurisdiction Of Industrial Court
Counterclaims In Labour Disputes
Referral Jurisdiction
Employment Contract Breach

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1 Sept 2023

Employment And Labour [2023] UGIC 63

Muwanguzi v Uganda Printing and Publishing Corporation (Labour Dispute Claim 1 of 2022)

Muwanguzi v Uganda Printing and Publishing Corporation (Labour Dispute Claim 1 of 2022) [2023] UGIC 63 (1 September 2023)

Court: Industrial Court of Uganda
Case number: Labour Dispute Claim 1 of 2022
Judges: Wabwire Musana, J, Musimbi, Panel Member, Kagoye, Lapenga

The Industrial Court determined that it has jurisdiction to hear the claim as a referral from the High Court, exercising its referral jurisdiction under Section 8 of the Labour Disputes (Arbitration and Settlement) Act, 2006. The Court found that not all labour disputes must originate before a Labour Officer, and referral from the High Court is a valid avenue. On limitation, the Court held that the six-year period under the Limitation Act applies to employment disputes referred to the Industrial Court, overruling the respondent's objection that the claim was time-barred under the Employment A…