Wakilii

Meera Investments Limited v Akena and Another (Labour Dispute Miscellaneous Application 124 of 2022)

Industrial Court · [2022] UGIC 90 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out memorandum of claim arising from labour dispute reference
Decision
Application dismissed; main labour dispute reference to proceed to scheduling and hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the memorandum of claim was not prematurely before the Industrial Court. Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006 was inapplicable as it relates to disputes involving labour unions, not individual employees. Under Section 93(7) of the Employment Act 2006, a claimant may refer a matter to the Industrial Court if the labour officer has not determined the complaint within 90 days. The complaint was reported in March 2019 and referred to the Industrial Court in January 2020, over 10 months later, well beyond the statutory 90-day period. Application dismissed.

Outcome

Application dismissed; main labour dispute reference to proceed to scheduling and hearing

Facts

The respondents lodged a labour complaint with the Ministry of Gender, Labour and Social Development in March 2019. The Commissioner Labour issued a notification of complaint in April 2019 and required the parties to appear for arbitration. Notices of arbitration hearings were issued between July and October 2019. The respondents filed a computation of entitlements, witness statements, and a memorandum of claim between June and December 2019. The applicant filed a witness statement in November 2019. On 16 January 2020, the labour officer referred the matter to the Industrial Court on the ground that a substantial question of law had arisen, suggesting that mediation had failed. The applicant then brought this application to strike out the memorandum of claim, arguing that the matter was prematurely before the Industrial Court because arbitration proceedings had commenced but not concluded.

Issues

  1. Whether the memorandum of claim was prematurely before the Industrial Court.
  2. Whether Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006 prohibited reference of the matter to the Industrial Court.
  3. Whether the respondents were entitled to refer the matter to the Industrial Court under Section 93(7) of the Employment Act 2006.

Orders

  • Application dismissed.
  • No order as to costs.
  • Parties directed to file a joint scheduling memorandum, witness statements and trial bundles within 21 days.
  • LDR No. 018 of 2020 to be fixed for scheduling and hearing.

Rules and key headnotes

Employment & Labour — Labour Disputes — Reference to Industrial Court — Applicability of Section 6 of LADASA
Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006 prohibits reference of a matter to the Industrial Court where there are arrangements for settlement by conciliation or arbitration in a trade or industry between a labour union and one or more employers or between labour unions and employers' organisations. This provision does not apply to disputes between individual employees and their employer.
Employment & Labour — Labour Disputes — Reference to Industrial Court — Timing of Reference
A matter is not prematurely before the Industrial Court where arbitration proceedings have been commenced but no steps beyond preliminary filings have been taken, no evidence has been evaluated, and no issues have been determined by the labour officer. The rationale for not permitting a reference after the close of arbitral proceedings is that it invites prejudice as parties may use the reference to close gaps identified during the hearing.
Employment & Labour — Labour Disputes — Reference to Industrial Court — Section 93(7) of Employment Act 2006
Under Section 93(7) of the Employment Act 2006, a claimant has an option to seek redress at the Industrial Court if a labour officer has not determined the case within 90 days from the date the complaint is reported, or to await a decision of the labour officer. There is no requirement that a labour officer must dispose of a dispute within 90 days, but if he or she does not do so, the claimant may refer the matter to the Industrial Court.
Employment & Labour — Labour Disputes — Reference to Industrial Court — Statutory Timeframes under LADASA
Under Section 5(1) of the Labour Disputes (Arbitration and Settlement) Act 2006, a labour officer may refer a dispute to the Industrial Court if it has not been resolved within 4 weeks or within an extended period of 2 weeks. Under Section 5(3), a party may refer the labour dispute to the Industrial Court within 8 weeks from the date it is reported.

Legislation cited (8)

Cases cited (3)

  • Francis Dominic Meru v Nakasero Hospital Ltd (Labour Dispute Reference No. 223 of 2019)
  • Kizza Gerald and Bwokino Patrick v Camusat Uganda Limited (Labour Dispute Reference No. 081 of 2017)
  • Munanura Gilbert v Sure Care Doctors Clinic & Pharmacy (Labour Dispute Reference No. 325 of 2019)

Full judgment

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

Meera_Investments_Limited_v_Akena_and_Another_(Labour_Dispute_Miscellaneous_Application_124_of_2022)_[2022]_UGIC_90_(3_November_2022)
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.