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Sseyiga and Others v ZTE Uganda Limited (Labour Dispute Miscellaneous Application 21 of 2022)

Industrial Court · [2022] UGIC 50 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time and review of Industrial Court decree and award in Labour Dispute Appeal No. 24 of 2019
Decision
Application for extension of time and review dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed the application for extension of time and review. The court held that the grounds advanced by the applicants were grounds of appeal rather than grounds for review, as they sought re-evaluation of evidence and reappraisal of the court's application of law to facts. The court found no error apparent on the face of the record. A review is an exception intended to correct apparent errors, not to change the court's decision. The court is functus officio after rendering its decision, and the applicants' remedy would have been an appeal, which is not available as the Industrial Court is the final appellate court in labour matters.

Outcome

Application for extension of time and review dismissed

Facts

The applicants were former employees of ZTE Uganda Limited. On 10 August 2021, the Industrial Court delivered an award in Labour Dispute Appeal No. 24 of 2019, allowing the respondent's appeal and setting aside the Labour Officer's award. The court held that the applicants' termination was lawful under collective termination provisions. The applicants instructed their former counsel to file a review application within time, but it was not filed. They then instructed new counsel, but the statutory time limit had expired. The applicants sought extension of time and review of the decree, alleging errors apparent on the record in the court's interpretation and application of collective termination provisions under Section 81 of the Employment Act 2006, particularly regarding payment in lieu of notice, the minimum number of employees for collective termination, and notice requirements.

Issues

  1. Whether the court should extend time within which to file the application for review.
  2. Whether the applicants have established grounds for review of the decree and award delivered on 10 August 2021.
  3. Whether the alleged errors in the court's interpretation and application of collective termination provisions constitute errors apparent on the face of the record.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Review — Grounds for Review — Error Apparent on Face of Record
A review is an exception intended to correct apparent errors and not to change the decision of the court. Grounds that ask the court to sit as an appellate court to re-evaluate evidence and reappraise the application of law to facts are grounds of appeal, not grounds for review.
Civil Procedure — Review — Functus Officio — Limits of Review Jurisdiction
After a court has passed judgment it becomes functus officio and cannot sit to revisit its decision except in exceptional circumstances where the applicant proves discovery of new and important evidence not within their knowledge despite due diligence, an error apparent on the face of the record, or sufficient cause similar to these grounds.
Employment & Labour — Labour Disputes — Industrial Court — Finality of Decisions
The Industrial Court is the last court of appeal in matters arising out of decisions of a Labour Officer under Section 94(3) of the Employment Act. Where the Industrial Court has rendered its decision, it is functus officio and the only remedy would have been an appeal, which is not available.

Legislation cited (13)

Cases cited (1)

  • Lalwak Alex v Opio Mark (Miscellaneous Application No. 0058 of 2016)

Full judgment

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

Sseyiga_and_Others_v_ZTE_Uganda_Limited_(Labour_Dispute_Miscellaneous_Application_21_of_2022)_[2022]_UGIC_50_(29_August_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.