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Nakyewa and Others v Makerere University (Labour Dispute Miscellaneous Application 38 of 2021)

Industrial Court · [2021] UGIC 89 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of the Industrial Court's decision in Labour Dispute Appeal No. 038/2018 concerning interpretation and enforcement of salary scale adjustments
Decision
Application for review dismissed; original decision in Labour Dispute Appeal No. 038/2018 stands

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 of its earlier decision implementing salary scales M6.1 and M6.2 from the 2015/2016 financial year. The court held that it cannot sit in appeal of its own decision and that the applicants failed to demonstrate that the new salary scales reduced their salaries below pre-increment levels. The categorisation of staff according to qualifications and roles was lawful, and while applicants in M6.2 would earn less than those in M6.1, their salaries and retirement benefits remained higher than before the salary enhancement.

Outcome

Application for review dismissed; original decision in Labour Dispute Appeal No. 038/2018 stands

Facts

The applicants were employees of Makerere University under salary scale M6. Following government salary increases for university staff released in phases, the university introduced new salary scales M6.1 and M6.2 to differentiate between science and non-science staff and reflect academic qualifications. The applicants contested this before a labour officer who found the new scales unfairly imposed. On appeal, the Industrial Court in Labour Dispute Appeal No. 038/2018 directed that salary arrears be computed under the old M6 scale but that scales M6.1 and M6.2 would apply from the 2015/2016 financial year onwards. The applicants then brought this application seeking review of that decision, arguing that the new scales amounted to demotion and adversely affected their retirement benefits and NSSF contributions. Some applicants had already retired under the new scales.

Issues

  1. Whether the application of salary scales M6.1 and M6.2 to the applicants from the 2015/2016 financial year amounted to an illegal demotion.
  2. Whether the court should review its own decision in Labour Dispute Appeal No. 038/2018 regarding the implementation of the new salary scales.
  3. Whether the new salary scales reduced the applicants' salaries and retirement benefits below their pre-increment levels.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Salary Adjustments — Court's Power to Review Own Decision
The Industrial Court cannot sit in appeal of its own decision; an application styled as seeking interpretation of an award will be dismissed where the true purpose is to reverse the court's substantive ruling.
Employment & Labour — Salary Scales — Categorisation by Qualification and Role
An employer may lawfully categorise staff according to qualifications and specific roles and adjust salary scales accordingly, provided the adjustment does not reduce an employee's salary below the level prevailing before the salary enhancement.
Employment & Labour — Salary Adjustments — Burden of Proof on Reduction
Where an employee challenges a salary scale adjustment as reducing their remuneration, the burden is on the employee to demonstrate that the new scale, including any arrears or increments, results in a salary lower than what they earned before the adjustment.

Legislation cited (2)

Full judgment

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Nakyewa_and_Others_v_Makerere_University_(Labour_Dispute_Miscellaneous_Application_38_of_2021)_[2021]_UGIC_89_(12_March_2021)
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.