Wakilii

Kikonyogo Robert v Kyambogo University (Miscellaneous Application No. 42 of 2022)

Industrial Court · [2026] UGIC 11 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of Industrial Court award seeking inclusion of omitted reinstatement order
Decision
Application for review granted; omitted reinstatement order added to original award; applicant to be reinstated with effect from 18 March 2022

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted the application for review, interpreting its earlier award in LDR No. 112 of 2018 to include an order of reinstatement. The Court held that the omission of a reinstatement order was an inadvertent error apparent on the face of the record, given that the original award found the applicant had not been terminated, completed probation, was unfairly removed from the payroll, and should have been integrated on permanent terms. The Court clarified that reinstatement is a statutory remedy available under section 8(3)(d) of LADASA and does not usurp the Appointments Board's powers.

Outcome

Application for review granted; omitted reinstatement order added to original award; applicant to be reinstated with effect from 18 March 2022

Facts

The applicant was employed by the respondent university as a Website Assistant on a one-year contract in 2010. After completing probation, his supervisors and the Vice Chancellor recommended permanent appointment in June 2011. However, the HR department advised he be appointed on contract as Assistant Laboratory Technician because the Website Assistant role was no longer in the university structure. He received a backdated 2014 appointment, followed by temporary appointments in 2015 and 2016, before being removed from the payroll in July 2017. In the original award (LDR No. 112 of 2018), the Industrial Court found the respondent breached the employment contract by failing to confirm the applicant after probation, treated him unfairly, and unlawfully removed him from the payroll. The Court awarded salary arrears and general damages but did not explicitly order reinstatement. The applicant then brought this application for review to correct the alleged omission.

Issues

  1. Whether there are sufficient grounds for review of the Industrial Court's award in LDR No. 112 of 2018.
  2. What remedies are available to the parties.

Orders

  • Application for review granted.
  • The order of reinstatement is deemed to form part of the original award in LDR No. 112 of 2018.
  • Respondent to reinstate the Applicant to his former position or substantially equivalent position within 14 days of service of the order.
  • Reinstatement effective from 18 March 2022, the date of the original award.
  • All employment benefits including pension contributions and statutory entitlements to be restored from 18 March 2022.
  • Each party to bear own costs.

Rules and key headnotes

Review of Industrial Court Awards — Interpretation Under LADASA
Under section 18(1) of the Labour Disputes (Arbitration and Settlement) Act Cap. 227, the Industrial Court may review its decision where a question arises as to the interpretation of an award within twenty-one days from the effective date, or where new and relevant facts materialize. The review remedy under LADASA permits the Court to interpret an award to discover its intended meaning and render it operable or executable.
Review — Error Apparent on the Face of the Record
An error apparent on the face of the record is an evident error that does not require extraneous matter to show its incorrectness. It must be so manifest and clear that no court would permit it to remain on the record. The error may be one of fact or law and includes inadvertent omissions where a consequential order flows naturally from the court's findings and conclusions.
Reinstatement — Statutory Power of Industrial Court
The Industrial Court has statutory power under section 8(3)(d) of the Labour Disputes (Arbitration and Settlement) Act Cap. 227 to order reinstatement of an employee. An order of reinstatement does not usurp the statutory powers of a university's Appointments Board under section 50(3) of the Universities and Other Tertiary Institutions Act Cap. 262, as reinstatement is a statutory remedy enacted to empower the Industrial Court to cure irregularities in or restore the employment relationship.
Reinstatement — Appropriateness in Public Service Employment
Reinstatement may be an appropriate remedy where the employer is a public institution and the circumstances do not make the employment relationship intolerable. The remedy is particularly suitable in public service employment where institutional continuity and statutory employment protections apply.
Review — Inadvertent Omission of Consequential Order
Where a court finds that an employee completed probation, was never terminated or dismissed, was unfairly removed from the payroll, and should have been integrated on permanent terms, the failure to order reinstatement is an inadvertent omission. An order of reinstatement is incidental and consequential to such findings and may properly be added by way of review to give effect to the judgment's intent.
Review — Effect of Decision Following Review
Under section 18(3) of the Labour Disputes (Arbitration and Settlement) Act Cap. 227, a decision of the Industrial Court following a review shall be notified to the parties and deemed to form part of the original award, having the same effect in all respects as the original award.

Legislation cited (17)

Cases cited (22)

Full judgment

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Kikonyogo Robert v Kyambogo University (Miscellaneous Application No. 42 of 2022) [2026] UGIC 11 (4 March 2026)
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.