Wakilii

Finance and Allied Workers Union v Housing Finance Bank Limited (Misc Cause 1 of 2022)

Industrial Court · [2024] UGIC 35 · 2024 Application Partly Allowed — Matter to Proceed by Formal Reference AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for recognition agreement and related orders under Labour Unions Act s.24(6)
Decision
Matter to proceed by way of formal reference under the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that it has jurisdiction under Labour Unions Act s.24(6) to hear matters concerning recognition of labour unions, even where procedural steps before the Registrar of Labour Unions were incomplete. The Court declined to determine the substantive merits on the application as filed, finding that the matter required a formal reference with full hearing of parties. The Court directed the Applicant to file a formal reference under the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012 to enable proper adjudication of the recognition dispute.

Outcome

Matter to proceed by way of formal reference under the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012

Facts

The Applicant, a registered labour union, sought recognition from the Respondent bank between August and December 2020. The Respondent declined, citing an existing recognition agreement with another union and the National Tripartite Charter on Labour Relations which promotes one union per enterprise. The Applicant complained to the Registrar of Labour Unions by letters dated 27 September 2021 and 13 December 2021, but received no response or order. The Applicant then filed this application in the Industrial Court on 6 May 2022, seeking orders for recognition, collective bargaining rights, an injunction against enforcement of the Tripartite Charter, lost income, and damages. The Respondent opposed on grounds that the Court lacked jurisdiction as the matter had not been properly referred under the statutory procedure.

Issues

  1. Whether this Court has jurisdiction to entertain this application?
  2. Whether the Respondent's refusal to recognize and sign the recognition agreement on account of the National Tripartite Charter on Labour Relations was justified?
  3. Whether the Applicant is entitled to the relief sought?

Orders

  • The Court has jurisdiction to hear the matter under Section 24(7) of the Labour Unions Act.
  • The Applicant is directed to file a formal reference before this Court under the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules 2012.
  • No order as to costs.

Rules and key headnotes

Industrial Court — Jurisdiction — Referral and Appellate Jurisdiction Distinguished from Unlimited Original Jurisdiction
The Industrial Court is a subordinate court established under the Labour Disputes (Arbitration and Settlement) Act 2006 s.7 with concurrent jurisdiction with the High Court but does not enjoy unlimited original jurisdiction. The Industrial Court exercises referral and appellate jurisdiction: matters come to it by way of referral from Labour Officers under LADASA s.5, by appeal from Labour Officers under LADASA s.94EA, or by reference under any other law including Labour Unions Act s.24(6).
Labour Unions — Recognition — Procedure for Referral to Industrial Court under Labour Unions Act s.24(6)
Under Labour Unions Act s.24(6), the right to refer a recognition dispute to the Industrial Court accrues only when the Registrar of Labour Unions has made an order which the employer has failed to comply with, or where the Registrar has declined to make an order. The statutory procedure requires the union to first complain to the Registrar under s.24(3), who must call upon the employer to show cause within 21 days, and if not satisfied, make an order under s.24(5) requiring recognition.
Industrial Court — Jurisdiction — Procedural Irregularity Not Fatal Where Complaint Lodged with Registrar
Where a labour union has lodged a complaint with the Registrar of Labour Unions but the Registrar has not attended to the matter or made any order, the Industrial Court has jurisdiction to hear the matter under Labour Unions Act s.24(7). A procedural misstep in the manner of filing does not merit dismissal where the constitutional edict requires substantive justice without undue regard to technicalities.
Fair Hearing — Right to be Heard — Industrial Court Duty under Labour Unions Act s.24(7)
Labour Unions Act s.24(7) directs the Industrial Court to hear the parties before making an order in recognition disputes. Where the material before the Court is insufficient to determine substantive issues and the matter requires evidence that cannot be appropriately brought in an application, the Court must direct that the matter be placed formally before it by way of proper reference to enable full hearing and determination.
Fundamental Rights — Industrial Court Duty to Construe Matters in Accordance with Constitution
Every court in Uganda is vested with jurisdiction to construe, apply and enforce provisions of the Constitution in relation to disputes properly before it. The Industrial Court has a duty to construe all matters before it in accordance with the Constitution, including workers' economic rights under Article 40, even though it does not have original jurisdiction to entertain human rights matters under the Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules 2019.

Legislation cited (37)

Cases cited (11)

  • Engineer John Eric Mugyenzi v Uganda Electricity Generation Co Ltd (Civil Appeal No. 167 of 2018)
  • Asaph Ruhinda Ntengye and Linda Lillian Tumusiime Mugisha v Attorney General (Constitutional Petition No. 33 of 2016)
  • African Field Epidemiology Network v Peter Wasswa Kityaba (Civil Appeal No. 0124 of 2017)
  • Ismail Serugo v Kampala City Council and Another (Constitutional Appeal No. 2 of 1998)
  • Owners of Motor Vessel Lillian 's' v Caltex Oil Kenya Limited [1989] KLR 1
  • Ochieng Peter v Parliamentary Commission and Another (LDR 120 of 2020)
  • Uganda Building and Construction, Civil Engineering, Cement and Allied Workers Union v China Communications, Construction Company Ltd (LDR 010 of 2015)
  • Aporo George Goldie v Mercy Corps Uganda (LDR 014 of 2021)
  • Asaba Aisha v Kizza Stephen (HCMA 060 of 2023)
  • Ben Raheim Aimen v Granada Hotels Ltd (LDA 002 of 2023)
  • Kyamanywa Simon v Uganda (Criminal Appeal No. 16 of 1993)

Full judgment

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

Finance_and_Allied_Workers_Union_v_Housing_Finance_Bank_Limited_(Misc_Cause_1_of_2022)_[2024]_UGIC_35_(12_April_2024)
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.