Wakilii

Kamiza and Another v Uganda Beverages, Tabacco and Allied Workers Union (Labour Dispute Reference 38 of 2022)

Industrial Court · [2024] UGIC 78 · 2024 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from complaint to Ministry of Gender, Labour and Social Development, referred to Industrial Court by Labour Officer
Decision
Preliminary objection dismissed; matter to proceed to hearing on merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court has jurisdiction to hear disputes between union officials and their union concerning dismissal from elected positions and financial management. The Labour Unions Act Cap. 228 confers jurisdiction on the Industrial Court over disputes relating to union management and financial issues under sections 47 and 52, even where no employer-employee relationship exists. The Court's jurisdiction is not limited to traditional employment disputes but extends to all labour matters referred to it under statute.

Outcome

Preliminary objection dismissed; matter to proceed to hearing on merits

Facts

The two claimants were employees of Century Bottling Company Limited who joined the respondent trade union. In 2017, the first claimant was elected Chairperson and the second claimant was elected Committee Member of the union branch. Four percent of their salaries were deducted as union dues. Following their enquiries into deductions by the union, on 12 October 2020, the union's General Secretary terminated their union leadership positions. Their appeal to the union's Delegates Conference was unsuccessful. They lodged a complaint with the Ministry of Gender, Labour and Social Development. On 18 February 2022, a Labour Officer referred the matter to the Industrial Court. The claimants sought declarations that their dismissal was irregular, wrongful and unlawful, that the meeting at which they were dismissed was contrary to natural justice, and that the union branch was entitled to 30% of branch returns amounting to UGX 59,277,577. They also claimed UGX 100,000,000 in general damages. The respondent union raised a preliminary objection that the court lacked jurisdiction to hear the matter, arguing it was an internal union matter and not an employer-employee dispute.

Issues

  1. Whether the Industrial Court of Uganda has jurisdiction to hear claims by members of a labour union against the union concerning their dismissal from elected union positions and financial irregularities.

Orders

  • Preliminary objection overruled.
  • Court has jurisdiction to entertain the dispute under the Labour Unions Act Cap. 228.

Rules and key headnotes

Employment & Labour — Industrial Court Jurisdiction — Labour Unions — Disputes Between Union Officials and Union
The Industrial Court's jurisdiction is not limited to disputes between employers and employees but extends to disputes concerning the management and financial affairs of labour unions as conferred by the Labour Unions Act Cap. 228.
Employment & Labour — Labour Disputes — Definition — Disputes Between Union Officials and Union
A labour dispute under section 2 of the Labour Disputes (Arbitration and Settlement) Act includes disputes between labour unions connected with the economic and social interests of workers, not merely disputes between employers and employees.
Employment & Labour — Industrial Court Jurisdiction — Statutory Conferral — Labour Unions Act
Sections 47 and 52 of the Labour Unions Act Cap. 228 confer jurisdiction on the Industrial Court to hear disputes concerning the management of union dues and the dismissal of union officials where such matters are referred by the Registrar of Labour Unions.
Civil Procedure — Jurisdiction — Accrued and Consequential Jurisdiction — Labour Matters
Once the Industrial Court is clothed with jurisdiction to determine one aspect of a labour claim, it has accrued or consequential jurisdiction to determine the whole matter to avoid duplicity and promote judicial economy.
Administrative Law — Labour Unions — Registrar's Powers — Referral to Industrial Court
Where the Registrar of Labour Unions investigates accounts of a registered organisation and there is non-compliance with directions, the Registrar may refer the matter to the Industrial Court under section 52 of the Labour Unions Act Cap. 228.

Legislation cited (25)

Cases cited (17)

Full judgment

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

Kamiza_and_Another_v_Uganda_Beverages,_Tabacco_and_Allied_Workers_Union_(Labour_Dispute_Reference_38_of_2022)_[2024]_UGIC_78_(20_December_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.