Wakilii

Apio and Another v Dwan Waa FM Radio Station (Labour Dispute Reference 7 of 2019)

Industrial Court · [2023] UGIC 47 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from Labour Complaint No. KCCA/NDC/LC/084/2020, heard exparte after respondent failed to file reply
Decision
Claimants awarded unpaid wages and general damages totalling UGX 18,400,000

Observed later treatment

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Holding

The Industrial Court held that a labour officer who commences dispute resolution by mediation cannot shift to arbitration or adjudication if mediation fails, and must refer the matter to another arbiter. The labour officer's award was set aside on jurisdictional grounds. However, the Court found an employment relationship existed based on uncontroverted evidence and awarded the claimants unpaid wages of UGX 8,400,000 each plus general damages of UGX 1,000,000 each. The Court issued comprehensive procedural guidelines for labour officers conducting arbitration and adjudication proceedings.

Outcome

Claimants awarded unpaid wages and general damages totalling UGX 18,400,000

Facts

The claimants were employed as radio presenters at the respondent's radio station in Kaberamaido from 1 October 2016 until 1 November 2017 on verbal contracts at UGX 350,000 per month. They stopped working due to non-payment of wages. They filed a complaint with the Labour Officer at Kaberamaido Town Council who found in their favour and awarded them UGX 16,800,000 in unpaid wages. The labour officer initially commenced mediation proceedings but then shifted to adjudication and delivered a ruling. The matter was referred to the Industrial Court. The respondent did not file a memorandum in reply despite service and the matter proceeded exparte. The claimants testified under oath that they had worked for two years without receiving wages and had suffered emotional distress. Their evidence was uncontroverted.

Issues

  1. Whether the labour officer properly determined the matter before him?
  2. Whether the claimants had an employment relationship with the Respondent?
  3. What remedies are the claimants entitled to?

Orders

  • It is declared that the Claimants were in an employment relationship with the Respondent and are entitled to wages.
  • The orders and award of the labour officer are set aside.
  • The Respondent is ordered to pay to the Claimants UGX 16,400,000 as unpaid wages.
  • The Respondent is ordered to pay to the Claimants UGX 2,000,000 in general damages.

Rules and key headnotes

Labour Officer Jurisdiction — Dispute Resolution Methods — Prohibition on Mixing Mediation and Adjudication
A labour officer who elects to resolve a dispute by conciliation or mediation cannot shift to arbitration or adjudication if conciliation or mediation fails, and must refer the matter to another arbiter where the chosen method fails to resolve the dispute.
Labour Officer Powers — Jurisdiction to Arbitrate Employment Disputes
Under the Employment Act 2006 s.13 and the Labour Disputes (Arbitration and Settlement) Act 2006, a labour officer has jurisdiction to resolve employment disputes by conciliation, mediation, arbitration or adjudication, and may elect the method of dispute resolution.
Contract of Employment — Oral Contracts — Validity and Proof
Oral contracts of employment are valid under the Employment Act 2006 s.2, and an employment relationship exists where there is agreement by the employee to provide work or skill in exchange for remuneration, the employee agrees to be subject to the control of the employer, and other provisions consistent with a contract of service are present.
Unpaid Wages — Entitlement under Employment Act
Under the Employment Act 2006 s.41(1) and (2), an employee is entitled to wages, and where wages remain unpaid and the claim is uncontroverted, the employee is entitled to recover the full amount of unpaid wages for the period worked.
General Damages in Employment Disputes — Assessment Principles
In assessing general damages in employment disputes, the court considers the employee's earnings, age, position of responsibility, duration of the contract, and prospects of obtaining alternative employment, with damages assessed at the court's discretion depending on the circumstances of each case.
Labour Officer Proceedings — Procedural Guidelines for Arbitration and Adjudication
Where a labour officer elects to proceed by arbitration or adjudication rather than mediation or conciliation, the officer must follow formal procedures including framing issues, allowing parties to present evidence and witnesses, permitting cross-examination, recording proceedings accurately, and delivering a written award containing summaries of each party's case, issues for determination, evaluation of evidence, and reasons for the decision.

Legislation cited (14)

Cases cited (10)

  • Sure Telecom v Brian Azemchap (Labour Dispute Appeal No. 8 of 2015)
  • The AIDS Support Organisation (TASO) v Nandala Annet Betty (Labour Dispute Appeal No. 29 of 2018)
  • Kasese Cobalt Company v David Kabagambe (Labour Dispute Appeal No. 271 of 2016)
  • Godfrey Kamukama v Makerere University Business School (Labour Dispute Reference No. 147 of 2019)
  • Ready Mixed Concrete (South East) v Minister of Pensions and National Insurance [1968] 2 QB 497
  • Lt (Rtd) George Kiggundu v Attorney General (High Court Civil Suit No. 386 of 2014)
  • Stroms v Hutchinson [1950] AC 515
  • Stanbic Bank (U) Ltd v Constant Okou (Civil Appeal No. 60 of 2020)
  • Dr Omona Kizito v Marie Stopes Uganda (Labour Dispute Claim No. 33 of 2015)
  • Donna Kamuli v DFCU (Labour Dispute Claim No. 2 of 2015)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Apio_and_Another_v_Dwan_Waa_FM_Radio_Station_(Labour_Dispute_Reference_7_of_2019)_[2023]_UGIC_47_(14_April_2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.