Wakilii

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

Industrial Court · [2022] UGIC 91 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application to strike out memorandum of claim arising from labour dispute reference
Decision
Application to strike out 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

The Industrial Court held that the memorandum of claim was not prematurely before it. 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 within the statutory right to refer. The application to strike out was dismissed.

Outcome

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

Facts

The respondents filed 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 scheduled arbitration hearings. The respondents filed witness statements, computation of entitlements, and a memorandum of claim between June and December 2019. The applicant filed a witness statement in November 2019. In January 2020, the labour officer referred the matter to the Industrial Court on the ground that a substantial question of law had arisen, noting that mediation had failed. The labour officer had not determined any of the issues or evaluated the evidence. The applicant then brought this application seeking to strike out the memorandum of claim on the ground that the matter was prematurely before the Industrial Court.

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 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 — Referral to Industrial Court — Applicability of Section 6 of Labour Disputes (Arbitration and Settlement) Act 2006
Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006, which prohibits reference of a matter to court where there are arrangements for settlement by conciliation or arbitration, applies only to disputes involving a labour union and does not apply to disputes between individual employees and their employer.
Employment & Labour — Labour Disputes — Premature Reference — Commencement of Arbitral Proceedings
A reference to the Industrial Court is not premature where arbitral proceedings have not yet commenced beyond preliminary filings. The rationale for not permitting a reference after the close of arbitral proceedings is that it invites prejudice as the parties have had an opportunity to hear each other's cases and may use the reference to close gaps previously identified.
Employment & Labour — Labour Disputes — Referral 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. 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.

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_(Miscellaneous_Application_124_of_2022)_[2022]_UGIC_91_(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.