Wakilii

Orient Bank v Bwokino (Miscellaneous Application No. 23 of 2019)

Industrial Court · [2021] UGIC 64 · 2021 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from labour officer's ex parte award in employment dispute
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 ex parte 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 appeal succeeded, all orders of the labour officer were set aside, and the matter was 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 for non-payment of wages and commission. The labour officer notified the appellant on 7 July 2018 to settle the matter or provide comments by 12 July 2018. Counsel for the appellant appeared on 19 July 2018 but found the labour officer 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 ex parte award to the respondent totaling approximately UGX 37,000,000. The appellant's request to set aside the ex parte award was rejected, prompting this appeal.

Issues

  1. Whether the labour officer erred in law by delivering an ex parte award without according the appellant an opportunity to be heard.
  2. Whether the labour officer's award of salary arrears, legal costs, commission, and damages was proper.

Orders

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

Rules and key headnotes

Constitutional Law — Fair Hearing — Right to Fair Hearing — Article 28(1) of the Constitution
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 a court or tribunal may only proceed in a party's absence if that party is aware that the matter will be determined in their absence.
Employment & Labour — Labour Disputes — Arbitration Procedure — Notice Requirements
A labour officer may not proceed to determine a complaint by way of arbitration or adjudication without giving parties clear notice that the matter will be so determined, particularly where initial communications indicated a different procedure such as referral to a magistrate.
Administrative Law — Natural Justice — Audi Alteram Partem — Right to Be Heard
Proceeding to deliver an award without according a party an opportunity to be heard violates the principles of natural justice and constitutes a denial of the right to a fair hearing.

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_v_Bwokino_(Miscellaneous_Application_No._23_of_2019)_[2021]_UGIC_64_(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.