Wakilii

Namusoke v Cairo International Bank (Labour Dispute Miscellaneous Application No. 3 of 2021)

Industrial Court · [2021] UGIC 56 · 2021 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objection to jurisdiction in miscellaneous application arising from labour dispute appeal
Decision
Preliminary objection dismissed; court found it had jurisdiction to proceed with the review application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that it retained jurisdiction to hear a review application despite a change in its composition from two judges and three panelists to one judge and three panelists following statutory amendment. The Head Judge who sat in the original appeal remained a constant member, and the amended Labour Disputes Act s.10B provides that the court is duly constituted with one judge and three panelists. The preliminary objection to jurisdiction was overruled.

Outcome

Preliminary objection dismissed; court found it had jurisdiction to proceed with the review application

Facts

The applicant filed a miscellaneous application in January 2020 seeking review of a decision in Labour Dispute Appeal No. 004/2019, which had been dismissed by the Industrial Court on 13 December 2019. At that time, the court was composed of two judges and three panelists under the unamended Labour Disputes (Arbitration and Settlement) Act 2008. The application was not fixed for hearing until 15 September 2021, by which time the Labour Disputes (Arbitration and Settlement) Amendment Act 2021 had altered the court's composition to provide for a single judge and three panelists. The applicant's counsel raised a preliminary objection relating to the jurisdiction of the court as newly constituted. The court directed written submissions but none were filed by the parties.

Issues

  1. Whether the Industrial Court as constituted by a single judge and three panelists has jurisdiction to hear a review application arising from a labour dispute appeal that was heard by two judges and three panelists before the statutory amendment.

Orders

  • Preliminary objection overruled.

Rules and key headnotes

Employment & Labour — Industrial Court — Jurisdiction — Effect of Statutory Amendment on Pending Matters
Where the composition of the Industrial Court is altered by statutory amendment from two judges and three panelists to one judge and three panelists, the court retains jurisdiction to hear a review application arising from a decision made under the previous composition, provided that the Head Judge or a judge who sat in the original matter remains on the bench.
Statutory Interpretation — Transitional Provisions — Application of Amended Legislation to Pending Proceedings
The Labour Disputes (Arbitration and Settlement) Amendment Act 2021 s.10B provides that the Industrial Court is duly constituted with a Head Judge or a judge and three panelists. Unlike panelists, a Head Judge or a judge is a constant in the composition of the court, and the court's jurisdiction is not defeated by a change in the number of judges sitting following statutory amendment.

Legislation cited (5)

Full judgment

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Namusoke_v_Cairo_International_Bank_(Labour_Dispute_Miscellaneous_Application_No._3_of_2021)_[2021]_UGIC_56_(8_November_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.