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Magembe v Makerere Business School (Labour Dispute Miscellaneous Application 47 of 2019)

Industrial Court · [2019] UGIC 223 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review and setting aside of earlier dismissed miscellaneous application
Decision
Application for review dismissed; original dismissal upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed the application for review. The court held that while it has powers of the High Court, it is a specialized court established to deal with employment matters following prescribed procedures. An application for judicial review seeking prerogative remedies without evidence of administrative decisions on record was not properly brought before the court. The original application was rightly dismissed as there was no evidence it had been properly referred from the High Court or filed through the Labour Officer as required by law.

Outcome

Application for review dismissed; original dismissal upheld

Facts

The applicant filed Misc. Cause 001/2018 seeking a declaration that he was an employee of the respondent and orders for payment of employment benefits, claiming constructive dismissal. The application appeared to originate from Misc. Cause 135/2018 in the Civil Division of the High Court. On 29 November 2018, the Industrial Court noted the matter had not gone through the Labour Office and advised parties to reconsider the filing method. On 29 February 2019, neither party nor their lawyers appeared, and the court dismissed the application for lack of proper reference. The applicant then filed the instant application seeking review, arguing the original suit was for judicial review referred from the High Court and that counsel was in a criminal session when it was dismissed. The applicant produced a letter from the Civil Division dated 25 June 2018 stating the matter fell under Industrial Court jurisdiction, but no formal order of reference from a High Court judge was on record.

Issues

  1. Whether the Industrial Court has jurisdiction to entertain matters of judicial review.
  2. Whether the original application (Misc. Appln. 001/2018) was properly before the Industrial Court.
  3. Whether the dismissal of the original application was a mistake apparent on the face of the record.
  4. Whether the application for review should be granted and the earlier dismissal set aside.

Orders

  • Application for review dismissed.
  • No order as to costs.

Rules and key headnotes

Industrial Court — Jurisdiction — Matters Properly Before the Court
The Industrial Court is a court of reference with powers to determine matters referred to it for hearing or on appeal from the Labour Officer or under any other law, and matters properly referred by the High Court under the Judicature Act section 39 and Civil Procedure Act section 98 are matters legally referred to the Industrial Court.
Industrial Court — Judicial Review — Scope of Jurisdiction
Although the Industrial Court has powers of the High Court, it is a specialized court established to deal specifically with employment matters as prescribed under the Employment Act and the Labour Disputes (Arbitration and Settlement) Act 2006, and judicial review applications should follow the ordinary procedure for filing labour complaints in the court.
Judicial Review — Prerequisites — Evidence of Administrative Decision
Before an aggrieved party moves the court under Article 42 of the Constitution seeking judicial review of administrative decisions, there must be prima facie evidence of the administrative decisions taken against the aggrieved party on the court record.

Legislation cited (5)

Cases cited (1)

  • George Katendeigwa (Labour Dispute Reference No. 144 of 2014)

Full judgment

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

Magembe_v_Makerere_Business_School_(Labour_Dispute_Miscellaneous_Application_47_of_2019)_[2019]_UGIC_223_(17_May_2019)
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.