Wakilii

Orient Bank Limited v Bwokino (Labour Dispute Miscellaneous Application 23 of 2019)

Industrial Court · [2021] UGIC 114 · 2021 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from exparte award of labour officer at Mbale
Decision
Matter remitted for retrial before another labour officer

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that the labour officer violated the appellant's constitutional right to a fair hearing under Article 28(1) by proceeding exparte without proper notice that the matter would be determined in the appellant's absence. The court found that the appellant was not informed that the labour officer would determine the complaint by way of arbitration or adjudication on the scheduled date. The exparte award was set aside and the matter remitted for retrial before another labour officer.

Outcome

Matter remitted for retrial before another labour officer

Facts

Orient Bank employed Bwokino Siraj on a one-year contract effective 15 June 2017. On 7 June 2018, the bank informed the respondent that the contract would not be renewed upon expiry on 20 June 2018. On 28 June 2018, the respondent lodged a complaint with the labour officer at Mbale for non-payment of wages and commission. The labour officer notified the appellant on 7 July 2018 to provide comments by 12 July 2018. On that date, counsel for the appellant appeared but the labour officer was absent, and the matter was adjourned to 27 August 2018. On 27 August 2018, in the absence of the appellant, the labour officer granted an exparte award to the respondent for salary arrears, commission, legal costs, and damages totaling over UGX 37 million. The appellant's request to set aside the exparte award was rejected by the labour officer, prompting this appeal.

Issues

  1. Whether the labour officer erred in law when she delivered an exparte award without according the appellant an opportunity to be heard.
  2. Whether the labour officer erred in law and in fact when she awarded the respondent salary arrears totaling UGX 3,200,000.
  3. Whether the labour officer erred in law and in fact when she awarded the respondent legal costs totaling UGX 7,000,000.
  4. Whether the labour officer erred in law and in fact when she awarded the respondent commission of UGX 6,800,000.
  5. Whether the labour officer erred in law when she awarded the respondent damages of UGX 20,000,000.

Orders

  • Appeal allowed.
  • All orders of the labour officer set aside.
  • Matter remitted for retrial before another labour officer.

Rules and key headnotes

Labour Disputes — Fair Hearing — Exparte Proceedings
A labour officer may not proceed to determine a complaint exparte unless the party absent was properly notified that the matter would be determined in their absence should they fail to appear.
Fair Hearing — Article 28(1) — Notice Requirements
The constitutional right to a fair hearing under Article 28(1) requires that parties be informed of the dates when they are expected to adduce evidence and that the court or tribunal will determine the matter in their absence if they fail to appear.
Natural Justice — Audi Alteram Partem — Labour Officer Proceedings
Proceeding to determine a matter without according a party an opportunity to be heard violates the principles of natural justice and constitutes a travesty of justice warranting an order for retrial.

Legislation cited (3)

Full judgment

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

Orient_Bank_Limited_v_Bwokino_(Labour_Dispute_Miscellaneous_Application_23_of_2019)_[2021]_UGIC_114_(22_July_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.