A Guide To The Industrial Court

A
GUIDE TO THE
INDUSTRIAL COURT
OF
UGANDA
Javason Kamugisha
2023
3|Page
5|Page
A GUIDE TO THE INDUSTRIAL
COURT OF UGANDA
© 2023 JAVASON KAMUGISHA
The right of Javason Kamugisha to be identified as the

author of this book has been asserted by them in
accordance with the Copyright and Neighbouring Rights
Act, 2006.
All rights reserved. No part of this publication may be

reproduced or transmitted in whole or in part in any form
or by any means, electronic or mechanical, including
photocopy, recording, or any information storage and
retrieval system, without permission in writing from the
author.
First Edition 2023

ISBN: 978:9913-673-01-3
7|Page
First published in Uganda by:
SuiGeneris Publishing House
A member of SuiGeneris Holdings Ltd
Bukandula Towers
Rubaga Road, Kampala (U), East Africa.
+256 774 694058, +256 700 643472
E-mail: SuiGenerispubh@gmail.com
Website: www.suigenerislawapp.com
9|Page
Title: A GUIDE TO THE INDUSTRIAL
COURT OF UGANDA
Rating: ★★★★☆
"A Guide to the Industrial Court of Uganda"
by Javason Kamugisha offers a thorough and
invaluable resource for anyone seeking
clarity and understanding within the realm
of Uganda's industrial court system.
Kamugisha's expertise in the field shines
through the pages, making complex legal
processes and procedures more accessible to
both legal professionals and individuals
unfamiliar with the intricacies of labor law

in Uganda. The book is well-structured,
starting with a concise introduction to the
industrial court and gradually delving into
various aspects of labor disputes,
arbitration, and legal remedies.
One of the strengths of this book is its
practical approach. Kamugisha doesn't
merely provide theoretical knowledge; he
offers real-world insights and practical tips
for handling cases effectively. Readers will
appreciate the inclusion of case studies and
examples that illustrate the application of
legal principles, adding depth and context to
the text.
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The book's clarity and organization make it
an excellent reference for legal
practitioners, HR professionals, and even
business owners dealing with employment-
related issues. The author's dedication to
ensuring readers grasp the concepts is
evident in the straightforward language and
the use of accessible terminology.
However, a minor drawback is that some
sections might appear overly detailed for
readers seeking a more general
understanding of the subject. Additionally,
it would be beneficial if the book were
updated to reflect any recent changes in
Ugandan labor law, ensuring its continued
relevance.
In conclusion, "A Guide to the Industrial
Court of Uganda" is a valuable resource for
anyone needing guidance in navigating
labour disputes and employment-related
legal matters in Uganda. Javason
Kamugisha's expertise and practical
approach make this book a must-read for
individuals and professionals seeking clarity
and insights into the workings of Uganda's
industrial court system .
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Contents
PREFACE ................................................ 20
CHAPTER ONE ........................................ 24
ESTABLISHMENT OF THE INDUSTRIAL
COURT .................................................... 24
1.0 Introduction ............................................. 24
1.1 Establishment .......................................... 26
1.2 The Rationale for the establishment
of an Industrial Court ..................................... 30
1.5 Benefits associated with having an
Industrial Court ................................................. 32
CHAPTER TWO........................................ 37
ADMINISTRATION OF THE INDUSTRIAL
COURT .................................................... 37
2.1 Composition ............................................. 37
2.2 Quorum ....................................................... 38
2.3 Qualifications and Appointment ..... 38
2.4 Appointment ............................................ 39
2.5 Tenure ......................................................... 41
CHAPTER THREE .................................... 45
THE PROCEDURE FOR BRINGING CLAIMS
BEFORE THE INDUSTRIAL COURT .......... 45
3.0 Introduction ............................................. 45
3.1 Nature of Disputes handled by the
Industrial Court ................................................. 45
3.2 Indirect Access Through the Labour
Officer .................................................................... 46
3.3 Form of the Reference ..................... 47
3.4 Direct Access by aggrieved
party/parties ....................................................... 49
3.5 Form of the Reference ..................... 49
3.6 Appeals to the Industrial Court....... 51
3.7 Filing Memoranda ..................................... 53
3.8 The Hearing .............................................. 58
CHAPTER FOUR ...................................... 64
AWARDS AND REMEDIES ........................ 64
4.0 Introduction ............................................. 64
4.1 Decisions of the Industrial Court ... 65
4.2 Review of Awards by the Industrial
Court ....................................................................... 67
4.3 Remedies by the Industrial Court .. 68
4.4 Appeals from Decisions of the
Industrial court .................................................. 69
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PREFACE
This text gives a guideline for
accessing the Industrial Court. The
recent years have seen a surge in
labour-related disputes. However,
only a few ever make it to the
Industrial Court. The major reason
for this phenomenon is the limited
awareness of the masses of the
existence and purpose of the
Industrial Court and how one may
be able to access it.
The text looks at the establishment
of the Industrial Court and its
governing laws. It then discusses
the Administrative structure of the
Industrial Court. Thereafter, the
text presents the procedure for
bringing disputes before the
Industrial Court. The text
concludes by discussing the
remedies one may seek or may be
awarded by the Industrial Court, in
this regard, the text also discusses
Appeals from decisions of the
Industrial Court
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CHAPTER ONE
ESTABLISHMENT OF THE
INDUSTRIAL COURT
1.0 Introduction
Justice Asaph Ruhinda Ntengye defines
the Industrial Court as a governmental
judiciary body which rules on labour or
employment related activities.1 It is a
civil court with special jurisdiction to
handle labour disputes. The
Employment Act stipulates that the
Industrial Court has a mandate to
promote and guarantee equality of
opportunity with a view of eliminating
any discrimination in the employment
environment.2
1 Asaph Ruhinda Ntengye, “The Role of the Industrial Court in

Administration of Justice,” January 2018,
http://judiciary.go.ug/files/downloads/The%20Role%20of%20the%2
0Industrial%20Court%20in%20Administration%20of%20Justice%20b
y%20Hon.%20Justice%20Asaph%20Ruhinda%20.pdf.
2 Employment Act, 2006, Section 6 (1).
The idea of an Industrial Court is derived
from the International Labour
Organization Termination of
Employment Convention, 1982 (No.
158). Article 1 of the Convention
provides that, in addition to legislation,
the ratifying state may give effect to the
Convention by means of, inter alia,
arbitration awards, court decisions, or in
such other manner as may be consistent
with national practice. Courts in
Uganda have made reference to some of
these ILO standards. For example, in
George Wanyera v Kakira Sugar,3 the
High Court considered the provisions of
the Migration for Employment
Convention to decide on the importance
of a collective agreement between the
employer and the labour union
regarding working conditions, wages,
salaries and settlement of disputes.
3“George Wanyera v Kakira Sugar (HCT-CS 58 of 1997) [2012] UGHC

102 (12 June 2012); | Ulii,” accessed October 6, 2022,
https://ulii.org/ug/judgment/high-court-uganda/2012/102.
25 | P a g e
Similarly, in Blanche Byarugaba
Kaira v Africa Field Epidemiology
Network,4 the Industrial Court made
specific reference to the Termination of
Employment Convention (No. 158) in
determining the requirement of fair
termination of employment.
1.1 Establishment
The Industrial Court is established
under Article 129 of the Constitution of
the Republic of Uganda 1995 to the
extent that it provides that judicial
power of Uganda shall be exercised by
the courts of judicature which shall
consist of such Subordinate courts as
Parliament may by law establish.5
It succeeded the 1964 Industrial Court
established by the Trade Disputes
(Arbitration and Settlement) Act. It is
4 “Blanche Byarugaba Kaira v Africa Field Epidemiology Network

(Labour Dispute Reference 131 of 2018) [2019] UGIC 20 (26 July
2019); | Ulii,” accessed October 6, 2022,
https://ulii.org/ug/judgment/industrial-court-uganda/2019/20.
5 Constitution of the Republic of Uganda, Article 129 (1) (d).
established under section 7 (1) of the
Labour disputes (Arbitration and
Settlement) Act and it is ordained with
the jurisdiction to arbitrate and
adjudicate labour disputes referred to it.
It possesses concurrent jurisdiction with
the High Court, and operates parallel to
the same. Pursuant to the Labour
Disputes (Arbitration and Settlement)
(Amendment) Act, it is provided that the
in the performance of its functions, the
Industrial Court shall have the power of
the High Court.6
In the case of Asaph Ruhinda Ntengye
& Another v. Attorney General
Constitutional Petition No. 33 of
2016, the Constitutional Court of
Uganda pronounced its self on the
position and status of the Industrial
Court in Uganda’s court system. It was
held that it is not a superior court but a
subordinate court (which is a court of
6 Section 2a
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judicature) that is in the appellate
hierarchy equal to that of the High Court
of Uganda.
Although established in 2006 the
Industrial Court did not become
operational until mid-2014.7 Today,
there is only one industrial Court in the
country, situated at Kampala.
It is important to note that unlike the
other courts of judicature which are
under the Ministry of Justice and
Constitutional Affairs, the Industrial
Court is under the Ministry of Gender,
Labour and Social Development.
A common feature of the Industrial
Court is the importance attached to the
presence of ‘lay’ judges representing
employers’ and employees’ viewpoints.8
For instance, whereas the other
7 Ntengye, “The Role of the Industrial Court in Administration of

Justice.”
8 Bert Essenberg and International Institute for Labour Studies, eds.,
Labour Courts in Europe: Proceedings of a Meeting (Geneva: The

Institute, 1984).
divisions of the High Court are
comprised entirely of judges of the High
Court, the Industrial Court, in addition
to a Chief Judge and a judge qualified to
be judges of the High Court, is composed
of representatives for the employers and
employees, as well as an independent
member, all of whom are lay persons.
The governing law of the Industrial
Court chiefly includes the Constitution
of the Republic of Uganda which is the
supreme law of the land and under
which the Court is established. The
Court is also established under the
Labour Disputes (Arbitration and
Settlement) Act 2006, Cap 8 as amended
by the Labour Disputes (Arbitration and
Settlement) (Amendment) Act, 2020. The
Court is further governed by the
Employment Act No. 6 2006 which
stipulates the nature of disputes that
can be entertained by the Industrial
Court. In addition, the Court is governed
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by the Labour Disputes (Arbitration and
Settlement) (Industrial Court Procedure)
Rules S.I No. 8 2012. The Rules
establish the procedure for bringing
disputes before the Industrial Court.
1.2 The Rationale for the
establishment of an Industrial
Court
The rationale behind the establishment
of the Industrial Court is that if disputes
are not resolved, they can lead to strikes
and lock-outs thereby causing a decline
in production and national income.9
This ideally lowers the standard of living
and leads to unemployment for affected
workers. Thus, the Industrial Court
contributes to Industrial harmony and
peace with consequent economic growth
and improved standards of living.10
9 Ntengye, “The Role of the Industrial Court in Administration of

Justice.”
10 Ntengye.
1.3 The Objectives of the Industrial
Court are:
The Industrial Court exists to;11

• Contribute towards a conducive
industrial climate and investment
through timely adjudication of labour
disputes.
• Provide an equal platform for people
to express their labour grievances as
to achieve equal opportunity in
employment.
• Ensure industrial peace and justice in
the Ugandan economy through timely
adjudication of labour disputes; and
• Facilitate decent productive work and
better living standards to the people
through timely adjudication of labour
disputes.
1.4 The functions of the Industrial

Court
11 Ntengye.
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The functions of the Industrial Court
include;12
• Arbitrating on labour disputes
referred to it.
• Adjudicating upon questions of law
and fact arising from references to the
Industrial Court by any other law.
• Disposing of labour disputes referred
to it without undue delay.
• Dispose of labour disputes referred to
it without undue delay.
1.5 Benefits associated with having
an Industrial Court
Since it became operational in 2014, the
Industrial court has been instrumental
in;
• Promoting and protecting labour
rights, as well as social and
economic rights.
12The Labour Disputes (Arbitration and Settlement) Act, 2006,

Section 8.
• Offering a timely and efficient
mechanism for the resolution of
industrial disputes.
• Serving as a platform for social
dialogue by defining and
adjudicating the rights and
obligations of the tripartite players
in labour relations – government,
employers and workers.
• Promoting sound labour relations
through protecting and promoting
freedom of association,
encouraging collective bargaining
and promoting an orderly,
inexpensive and expeditious
dispute settlement platform
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CHAPTER TWO
ADMINISTRATION OF THE
INDUSTRIAL COURT
2.1 Composition
At the apex of the Administration of the
Industrial Court is the Head Judge. The
Court consists of and other members
including four (4) Judges, five (5)
independent members, five (5)
representatives of employers, and five (5)
representatives of employees.13
The Industrial Court further has a
Registrar, Deputy Registrar and an
Assistant Registrar.14 It is also
comprised of other staff who are subject
13The Labour Disputes (Arbitration and Settlement) (Amendment) Act,

2020, Section 4.
14
The Labour Disputes (Arbitration and Settlement) (Amendment)
Act, 2020, Section 7.
37 | P a g e
to the direction and supervision of the
Registrar.15
2.2 Quorum
When handling matters, the Industrial
Court is fully constituted when it is
comprised of four (4) members, namely;
a single Judge of the Industrial Court
sitting with an independent member, a
representative of the employers and a
representative of the workers.16
2.3 Qualifications and Appointment
The Head Judge and the Judges have
the qualifications similar to those of a
judge of the High Court.17
The qualifications of the Registrar,
Deputy Registrar and Assistant
Registrar are similar to those of a
Registrar, Deputy Registrar, and
15
16
Act, 2020, Section 10B.
17 The Labour Disputes (Arbitration and Settlement) (Amendment) Act,
2020, Section 4.
Assistant Registrar of the High Court
respectively.18
2.4 Appointment
The Head Judge and the Judges are
appointed by the President of the
Republic of Uganda on the advice of the
Judicial Service Commission and wit
approval of Parliament.19
The independent member is appointed
by the Minister for Gender, Labour and
Social Development from a panel of five
eminent Ugandans.20 The candidates
must not be representatives of
employers or employees. 21
The representative for employers is

appointed by the Minister for Gender,
Labour and Social Development from a
panel of five persons, nominated by the

2020, Section 7.
2020, Section 4.
2020, Section 4.
21 Ibid.
39 | P a g e
federation of employers, to represent
employers in respect of any one
particular dispute to the Industrial
Court.22
The Representative of employees is
appointed by the Minister from a panel
of five persons, nominated by the
federation of labour unions, to represent
employees, in respect of any one
particular dispute referred to the
Industrial Court.23
The Registrar is appointed by the
President on the advice of the Judicial
Service Commission.24 The Deputy
Registrar and Assistant Registrar are
appointed by the Judicial Service
Commission.25 The other support staff

2020, Section 4.
2020, Section 4.
24
25
ibid.
are appointed by the Public Service
Commission.26
2.5 Tenure
The Head Judge and Judges of the
Industrial Court hold office on the same
terms and conditions of service as judges
of the High Court,27 and the independent
member holds office for five (5) years.28

2020, Section 7.
2020, Section 5.
2020, Section 4.
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CHAPTER THREE
THE PROCEDURE FOR
BRINGING CLAIMS BEFORE
THE INDUSTRIAL COURT
3.0 Introduction
The Industrial Court has a distinct
procedure for resolving disputes from
the ordinary litigation courts under the
Judicature Act or Magistrates Courts
Act. This can be observed in the
flexibility of the procedure and the
procedural steps in bringing a matter
before the court.
3.1 Nature of Disputes handled by
the Industrial Court
The Industrial Court handles five
categories of cases. These include;
• Claims of employment matters
transferred from the High Court
45 | P a g e
categorized as Labour disputes
claims.
• References from labour officers of
disputes that have not been settled.29
• Appeals made against awards by
labour officers.30
• Miscellaneous applications arising
from any matters either before the
Court or execution proceedings, and;
• Mediations.
3.2 Indirect Access Through the
Labour Officer
The aggrieved party may report a labour
dispute, whether existing or
apprehended, to the Labour Officer in
such form as may be prescribed by the
Regulations.31
Upon receipt of the dispute, the Labour
Officer then reports the matter to the

Section 5 (1) (b).
30
The Employment Act 2006, Section 94 (1).
Section 3 (1).
Industrial Court, if four weeks after
receipt of dispute have elapsed and the
dispute has not been resolved and a
conciliator appointed under section 4(b)
of the Act, considers that there is no
likelihood of reaching any agreement
between the disputing parties.32
Where a labour officer is requested by a
party to a dispute to refer the dispute to
the Industrial Court, the labour officer
shall refer the dispute in the form
specified in the First Schedule to the
Labour Disputes (Arbitration and
Settlement) (Industrial Court Procedure)
Rules, 2012.33
3.3 Form of the Reference
The reference must state that it is
addressed to the Industrial Court; it
must have the name of the labour officer
making the reference; it must state the
32 The Labour Disputes (Arbitration and Settlement) Act, 2006,

Section 5 (1).
33 Rule 3 (1).
47 | P a g e
designation of the labour officer/sitting
at; it must have the dispute number as
assigned by the registrar; it must state
the parties to the dispute.34
The labour officer must then state that a
substantial question of law or fact has
arisen in the proceedings and is
therefore unable to resolve the dispute,
as well as the issues or questions arising
therefrom. The labour officer must also
state his/her desire for the court to
determine and dispose of the dispute.
Lastly, the reference must be dated and
must be signed by the labour officer.35
Such reference must be accompanied by
a report of the Labour Officer describing
the dispute and the steps taken by him
him/her to resolve the dispute, and all
other documents and information so far
34 Labour Disputes (Arbitration and Settlement) (Industrial Court

Procedure) Rules, 2012, First Schedule.
35 Ibid.
furnished to the Labour Officer by the
parties.36
3.4 Direct Access by aggrieved
party/parties
The aggrieved party may also access the
Industrial Court directly. Where a
dispute reported to a Labour Officer is
not referred to the Industrial Court
within eight (8) weeks from the time the
report is made, any of the parties or both
to the dispute may refer the dispute to
the Industrial Court.37
3.5 Form of the Reference
The reference must state that it is
addressed to the Industrial Court; must
have the name of the Party to the dispute
making the reference; the dispute
number as assigned by the registrar; the
parties to the dispute; and the name of
the labour officer who handled the

Procedure) Rules, 2012, Rule 3 (3).
Section 5 (3).
49 | P a g e
dispute.38 It must state that the labour
officer has failed to dispose of the
dispute within eight (8) weeks after it
was reported, as well as the issues and
questions arising therefrom. The party
must also state its desire for the court to
determine and dispose of the dispute.
Lastly, the reference must be dated and
must be signed by the party making the
reference.39
Upon receipt of reference from the
parties, the Registrar of the Industrial
Court shall require the Labour Officer in
writing to furnish court with a report of
the Labour Officer describing the
dispute and the steps taken by him
him/her to resolve the dispute,40 and all
other documents and information so far

Procedure) Rules, 2012, Second Schedule.
39 Ibid.
Procedure) Rules, 2012, Rule 3 (3) (a).

furnished to the Labour Officer by the
parties.41
Upon receipt of a reference, the Registrar
shall file and register the reference in the
form specified in third schedule of the
Rules.42 The reference is assigned a
Dispute number, the date of reference is
recorded, the parties to the dispute, the
matters in the dispute, the type of
industry, whether or not there is a
collective bargaining Agreement, the
date of hearing, the date of settlement of
dispute, the award given by the court,
and the person who has entered the
reference.43
3.6 Appeals to the Industrial Court.
The Industrial Court, as
aforementioned, is baptized with
appellate jurisdiction. A party who is

Procedure) Rules, 2012, Rule 3 (3) (b).
Procedure) Rules, 2012, Rule 4.

Procedure) Rules, 2012, Third Schedule.
51 | P a g e
dissatisfied with the decision of a labour
officer on a complaint made under the
Employment Act 2006 may appeal such
decision to the Industrial Court.44
Such appeal must be premised on a
question of law, and with leave of the
court, on a question of fact forming part
of the decision of the labour officer.45
The appeal must be made in the form
specified in the Second Schedule of the
Rules. It must state the date on which it
is made; it must be addressed to the
Registrar of the High Court; it must state
that it is an appeal from the decision of
a labour officer to the Industrial Court;
it must state the date on which the
award that is subject of the appeal was
made, as well as the location. The party
must attach a record of hearing as well

as the award to this form. Lastly, the
party must sign the form.
The hearing of an appeal shall take the
procedure for hearing disputes all
disputes provided for under the Rules.
3.7 Filing Memoranda
Within seven (7) days after registering a
reference, the Registrar shall give notice
to the parties that a dispute has been
referred to the court and shall require
each party to file a memorandum.46
From the date of issue of the Registrar’s
notice, the Claimant has seven (7) days
within which to file a memorandum of
claim.47 The memorandum must set out
the particulars of each item of the claim
involved in the dispute and must serve a
copy of the same to the respondent.48


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Additionally, the memorandum must be
accompanied by an affidavit of service.49
In the event that a party wishes to call
any witness, the name and address of
the witness must be included in a list of
witnesses which must be attached to the
memorandum as well.50
There appears to be no explicit
timeframe within which service of the
memorandum of claim is to be effected.
However, under Order 5 Rule 1(2) of the
Civil Procedure Rules S.I. 71-1 as
amended, service shall be effected within
21 days from the date of issue.51
Upon receipt of the claimant’s
memorandum, the respondent then has
seven (7) days within which to file a
memorandum of reply as he/she may


51
Noah Omondi & 22 Ors vs. Civicon Limited & 2 Ors I.C.M.A.
No. 119 of 2022.
wish to give to the items of the claim
raised in the claimant’s memorandum
and must serve the reply on the
claimant.52 The same must also be
accompanied by an affidavit of service.53
A party to the dispute who fails to file
his/her documents within the
prescribed time may apply to court for
extension of time, and the court may
determine the application and give the
time extension as it deems fit.54
An application for extension of time is
made within 15 days after the expiration
of the 21 days showing sufficient
reasons for the extension. In the case of
Noah Omondi & 22 Ors vs. Civicon
Ltd & 2 Ors Industrial Court Misc.


55 | P a g e
Application No. 119 of 2022, Justice
Anthony Wabwire Musana stated; -
Sufficient reason or good cause has been
found to relate to the inability or failure to
take a particular step in time and that the
delay has not been occasioned by dilatory
conduct on the part of the applicant.
Each party to the dispute must submit

six (6) copies of their memorandum to
the court, as well as six (6) copies of such
documents which the Registrar may
deem necessary.55
It is important to note that where the
dispute is between an employer and a
labour union, the claimant must attach
the recognition and collective bargaining
agreement between the employer and
the labour union to the memorandum.56
Although it is not a mandatory
requirement, it is recommended that


whenever one is filing their
memorandum, he/she should
accompany it with his/her written
submissions. Justice Anthony Wabwire
observed that the practice of filing either
skeletal arguments or brief written
submissions is useful because it enables
for a quick consideration of the matter.57
Where both parties have filed a
memorandum and/or the time for filing
a memorandum has lapsed with no
extension granted by the court, the
Registrar shall fix a date, place and time
for the hearing.58
Once the Registrar has fixed a date for
hearing, the parties must then rely on
only that information and documents
57
Noah Omondi & 22 Ors vs. Civicon Limited & 2 Ors I.C.M.A.
No. 119 of 2022.
58Labour Disputes (Arbitration and Settlement) (Industrial Court
57 | P a g e
submitted to court for their
submissions.59
3.8 The Hearing
The hearing shall take place on such
date and at such time as allocated by the
Registrar.60
There is no mandatory requirement for
legal representation during
proceedings.61 Thus, a party may appear
by himself or herself or by an agent,
including a labour union or an
employer’s organisation, or may be
represented by an advocate.62
At the hearing, the court shall call upon
the claimant to present his/her case,

61 Labour Disputes (Arbitration and Settlement) Act, 2006, Section 20.
which may include calling any witnesses
that he/she may wish to rely on.63
A party is entitled to examine or cross
examine a witness called by him or her
and may cross examine a witness called
by the other party.64
It must be noted that a witness has the
right to object to answering a question or
to producing a document on the ground
that it incriminates him/her,65 and
he/she will not be liable for refusing to
do so.66
After the claimant has presented his/her
case, the court shall then call the
respondent to present his/her case.67
Once the respondent has finished



Section 10 (3).
59 | P a g e
submitting, the court shall then invite
the claimant to make a reply to the
respondent, after which, the hearing
shall be closed.68
All evidence given to the court at the
hearing must be given on oath or
affirmation, and all documentary
evidence tendered in court must be
original, or where the original cannot be
accessed, a certified copy of the original
must be tendered in.69 Be that as it may,
the Industrial Court is not bound by
rules of evidence in any civil proceedings
and may, on its own motion or on the
application of a party to the dispute
require any party to provide in writing,
or in any other way, evidence in relation
to any matter as the Court may require;
where necessary, to attend before the
Court and give evidence; to produce any
document to enable the Court to obtain
68Ibid.
any information which, in the
circumstances, may be considered
necessary.70

Section 18 (1).
61 | P a g e
CHAPTER FOUR
AWARDS AND REMEDIES
4.0 Introduction
The Industrial Court has powers to
summon witnesses and administer
oaths and affirmations. It also has power
to order the discovery, inspection or
production of documents. Its powers
further extend to orders for costs and
reliefs as it may deem fit, including an
order for reinstatement of an employee.
Where the Industrial Court has been
asked to adjudicate on an appeal from a
decision of a labour officer, the court
may confirm, modify or reverse such
decision.71

4.1 Decisions of the Industrial
Court
After hearing the parties, the Industrial
Court shall proceed to make a decision
based on the evidence that has been
submitted by the parties.72 The decision
of the Industrial Court should be
declared not later than 21 days from the
commencement date of the hearing of
the case.
The decision must be by consensus
reached by all members of the court, but
where the Industrial Court is unable to
reach a common decision, the matter
shall be decided by the Judge presiding
over the matter.73
An award or decision of the Industrial
Court shall be announced by the Judge
presiding over the matter, on notice to

2020, Section 9.
65 | P a g e
the parties to the dispute, or their
representatives.74
The award of the Industrial Court takes
effect from such date as may be
determined by the Court, but in any
case, not a date earlier than the date the
dispute arose,75 and where the
Industrial Court does not fix a date, the
effective date shall be date on which the
award is announced.76
The Industrial Court has the power to
determine the period during which the
award shall remain in force and binding
on the parties concerned.77
Enforcement of an award or decision of
the Industrial Court is done in the same
way as decisions in civil matters before

2020, Section 9.
75
76 ibid.
77 Labour Disputes (Arbitration and Settlement) Act, 2006, Section 14
(3).
the High Court,78 and where are party
fails or refuses to abide by the terms of
the award or decision of the Industrial
Court, they shall be held liable for
contempt of court.79
For purposes of records and
administration, the Registrar of the
Industrial Court shall submit to the
Minister, a copy of every award of the
Industrial Court.80
4.2 Review of Awards by the

Industrial Court
The Industrial Court has power to review
its decisions or awards.81 Thus, a party
that is dissatisfied with the decision may
apply to have the award reviewed.
78 Labour Disputes (Arbitration and Settlement) Act, 2006, Section 16

(1)
2020, Section 9.

81
67 | P a g e
4.3 Remedies by the Industrial
Court
The remedies the Industrial Court can
award are dictated by statute and will
depend on the nature of the dispute
handled and the remedies sought. The
remedies include;
a) Declaratory judgments
b) Compensation
c) Severance allowances
d) Restitution or reinstatement in
employment
e) Payment in lieu of notice
f) Reparations
g) Special damages
The Industrial Court may also order an
employer to pay a worker’s salary loan
where the same was intended to be
wholly settled by salary deductions but
for the unlawful termination or
dismissal.82
It should be noted that by its nature, the
Industrial Court does not award costs
save for very limited circumstances.
4.4 Appeals from Decisions of the
Industrial court
Where a party is dissatisfied with the
decision of the Industrial Court, he/she
has a right to appeal to the Court of
Appeal.83
However, it is important to note that an
appeal lies from the decision of the
Industrial Court to the Court of Appeal
only on a point of law, or to determine
whether the Industrial Court had
jurisdiction over the matter, not fact.84
82
Uganda Development Bank v Florence Mufumba CACA No. 241
of 2015.
69 | P a g e
It should further be noted that in
matters arising from the Industrial
Court, the Court of Appeal is the final
appellate court.85
Appeals from the decisions of the
Industrial Court to the Court of Appeal
must be made in accordance with the
Judicature (Court of Appeal) Rules, S.I.
No. 13-10.86
Such appeal must take the form
specified in the Fifth Schedule of the
Rules. It must state the date on which it
is made; it must be addressed to the
Registrar of the High Court; it must state
that it is an appeal from the decision of
a labour officer to the Industrial Court;
it must state the date on which the
award that is subject of the appeal was
made, as well as the location. The party
must attach a record of hearing as well
85
DFCU Bank Ltd v. Donna Kamuli Supreme Court Civil
Application No. 29 of 2019.
as the award to this form. Lastly, the
party must sign the form.87

Procedure) Rules, 2012, Fifth Schedule.
71 | P a g e
A GUIDE TO THE
INDUSTRIAL COURT OF
UGANDA
This text introduces and
consolidates the legal framework
for the establishment of the
Industrial Court of Uganda. This is
aimed at creating awareness and
simplifying the process for
accessing the Industrial Court.
Having noticed that information
about the Industrial Court in
Uganda exists is scanty and
unelaborated, this book introduces
and gives a guide to the Industrial
Court of Uganda, much to the
benefit of the labour office,
employers, employees, the legal
fraternity and law students as a
ready reference.
73 | P a g e
About the Author
Mr. Javason Kamugisha is an
Advocate of all courts of Judicature
in Uganda. has taught and
practiced law in Uganda in both the
private sector and Government
Ministries, Departments and
Agencies for over two decades. The
institutions in which he has served
include: Makerere University,
Uganda Christian University,
Nkumba University, the Grotius
School of Law, Pentecostal
University, Uganda Investment
Authority (UIA), Ministry of East
African Community Affairs
(MEACA), the Uganda
Communications Commission
(UCC), and the National
Environmental Management
Authority (NEMA). He is a founder
member and Executive Director of
Africa Centre for Environment
Management and Development
(ACEMD) whose main objective is to
contribute to transformative
development through supporting
policy research, policy planning,
review of laws, advocacy,
conservation and management of
environment in Uganda.
75 | P a g e

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© 2023 JAVASON KAMUGISHA

The right of Javason Kamugisha to be identified as the

All rights reserved. No part of this publication may be

First Edition 2023

"A Guide to the Industrial Court of Uganda"

by Javason Kamugisha offers a thorough and

invaluable resource for anyone seeking

clarity and understanding within the realm

of Uganda's industrial court system.

Kamugisha's expertise in the field shines

through the pages, making complex legal

processes and procedures more accessible to

both legal professionals and individuals

unfamiliar with the intricacies of labor law

starting with a concise introduction to the

industrial court and gradually delving into

various aspects of labor disputes,

arbitration, and legal remedies.

One of the strengths of this book is its

practical approach. Kamugisha doesn't

merely provide theoretical knowledge; he

offers real-world insights and practical tips

for handling cases effectively. Readers will

appreciate the inclusion of case studies and

examples that illustrate the application of

legal principles, adding depth and context to

an excellent reference for legal

practitioners, HR professionals, and even

business owners dealing with employment-

related issues. The author's dedication to

ensuring readers grasp the concepts is

evident in the straightforward language and

the use of accessible terminology.

However, a minor drawback is that some

sections might appear overly detailed for

readers seeking a more general

understanding of the subject. Additionally,

it would be beneficial if the book were

updated to reflect any recent changes in

Ugandan labor law, ensuring its continued

Court of Uganda" is a valuable resource for

anyone needing guidance in navigating

labour disputes and employment-related

legal matters in Uganda. Javason

Kamugisha's expertise and practical

approach make this book a must-read for

individuals and professionals seeking clarity

and insights into the workings of Uganda's

industrial court system .

1 Asaph Ruhinda Ntengye, “The Role of the Industrial Court in

3“George Wanyera v Kakira Sugar (HCT-CS 58 of 1997) [2012] UGHC

4 “Blanche Byarugaba Kaira v Africa Field Epidemiology Network

7 Ntengye, “The Role of the Industrial Court in Administration of

Labour Courts in Europe: Proceedings of a Meeting (Geneva: The

9 Ntengye, “The Role of the Industrial Court in Administration of

The Industrial Court exists to;11

1.4 The functions of the Industrial

12The Labour Disputes (Arbitration and Settlement) Act, 2006,

13The Labour Disputes (Arbitration and Settlement) (Amendment) Act,

The representative for employers is

18 The Labour Disputes (Arbitration and Settlement) (Amendment) Act,

22 The Labour Disputes (Arbitration and Settlement) (Amendment) Act,