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Bollore Transport and Logistics (U) Limited v Musau Waita (Labour Dispute Miscellaneous Application 146 of 2022)

Industrial Court · [2023] UGIC 86 · 2023 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application arising from Labour Dispute Appeal No. 004 of 2022, seeking to strike out grounds of appeal filed without leave
Decision
Application partly allowed; grounds 4 and 5 of the appeal struck out; appeal to proceed on grounds 1, 2, and 3 only

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that grounds 1, 2, and 3 of the appeal, which concerned whether a written employment contract was orally varied and the application of Section 67 of the Contract Act 2010, raised questions of law and could proceed without leave. Grounds 4 and 5, which challenged the labour officer's factual findings on waiver and repatriation costs, were mixed law and fact requiring leave and were struck out for being filed without leave.

Outcome

Application partly allowed; grounds 4 and 5 of the appeal struck out; appeal to proceed on grounds 1, 2, and 3 only

Facts

The respondent Musau Waita was terminated by Bollore Transport & Logistics (Uganda) Ltd on 31 July 2020 due to redundancy and staff restructuring. He filed a labour complaint seeking compensation for currency fluctuation losses from 2015 to 2020, NSSF benefits, transport, and repatriation. The labour officer denied compensation for fluctuation, NSSF benefits, and annual transport, but awarded reduced repatriation costs of US$1,500 and UGX 1,435,000 instead of the claimed US$2,000 and UGX 4,374,000. The respondent appealed on five grounds. The applicant then filed this miscellaneous application seeking to strike out grounds of appeal filed without leave, arguing they raised questions of fact or mixed law and fact rather than pure questions of law.

Issues

  1. Whether Labour Dispute Appeal No. 004 of 2022 raises matters of fact or mixed law and fact requiring leave of court under Section 94(2) of the Employment Act 2006

Orders

  • Grounds 4 and 5 of Labour Dispute Appeal No. 004 of 2022 declared to be grounds of mixed law and fact filed without leave of court and struck out.
  • Labour Dispute Appeal No. 004 of 2022 limited to grounds 1, 2, and 3 as listed in the Memorandum of Appeal.
  • Appeal to be called immediately after ruling for directions.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Appeals — Distinction Between Questions of Law and Questions of Fact
Under Section 94(2) of the Employment Act 2006, an appeal from a labour officer's decision lies as of right on a question of law, but an appeal on a question of fact or mixed law and fact requires leave of the Industrial Court. An appeal on questions of fact or mixed law and fact filed without leave is incompetent.
Employment & Labour — Appeals — Definition of Question of Law
A question of law relates to the interpretation and application of the law to the facts. An error on a point of law occurs when a trial court misapprehends or misapplies a pertinent law or principle of law, misapprehends the nature, quality, and substance of the evidence, or draws wrong inferences from the proven facts.
Employment & Labour — Appeals — Grounds Challenging Oral Variation of Written Contract
Grounds of appeal challenging a labour officer's finding that a written employment contract was orally varied, and inviting consideration of Section 67 of the Contract Act 2010, raise questions of law from which an appeal lies as of right without leave.
Employment & Labour — Appeals — Grounds Challenging Factual Findings
Grounds of appeal that challenge a labour officer's findings based on analysis and evaluation of evidence, such as findings on waiver or the reasonableness of claimed repatriation costs, are mixed law and fact requiring leave of court. Such grounds filed without leave are incompetent and must be struck out.
Civil Procedure — Memorandum of Appeal — Drafting Requirements
A memorandum of appeal must set forth concisely and under distinct heads the grounds of objection to the decision appealed from without argument or narrative. Properly framed grounds of appeal should specifically point out errors observed in the course of the trial which the appellant believes occasioned a miscarriage of justice.

Legislation cited (14)

Cases cited (14)

  • Bureau Veritas Uganda Limited v Davlin Kamugisha (Labour Dispute Miscellaneous Application No. 54 & 64 of 2017)
  • Geogas SA vs. Tranno Gas Limited (the Baleares) 1993 1 Lloyds Rep 215 at 228
  • Kampala Playhouse Ltd & 20 Others v Oligo James & 18 Others (Labour Dispute Miscellaneous Application No. 18 of 2021)
  • Karahukayo & 4 Others v Continental Tobacco (U) Ltd (Labour Dispute Appeal No. 15 of 2015)
  • Kasirye Byaruhanga & Co Advocates v UDB (Supreme Court Civil Appeal No. 2 of 1997)
  • Nelson Kawalya v Sebankita Hamis (High Court Miscellaneous Application No. 1534 of 2020)
  • Nabyonzi Rachel v Namiiro Suzan & Another (High Court Miscellaneous Application No. 883 of 2020)
  • Mujuni Ruhemba v Skanka Jensen (U) Ltd C.A No. 56 of 200
  • Attorney General of Burundi and the Secretary General EAC and Hon. Fred Mukasa Mbidde Appeal No. 02 of 2019
  • Simon Peter Ochieng & Anor v Attorney General of Uganda Appeal No. 4 of 2015 [2015-2017] EACJR 509
  • Onyango Robert v Security Group (U) (Labour Dispute Appeal No. 040 of 2020)
  • Dr. Sheikh Ahmed Kisuule v Greenland Bank (in liquidation) (Supreme Court Civil Appeal No. 11 of 2010)
  • Attorney General v Florence Baliraine C.A.C.A No. 79 of 2033
  • Nyero Jema v Olweny Jacob & 4 Others (High Court Civil Appeal No. 0050 of 2018)

Full judgment

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

Bollore_Transport_and_Logistics_(U)_Limited_v_Musau_Waita_(Labour_Dispute_Miscellaneous_Application_146_of_2022)_[2023]_UGIC_86_(24_March_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.