Wakilii

Stanbic Bank (U) Ltd v Karungi (Labour Dispute Appeal No. 29 of 2016)

Industrial Court · [2018] UGIC 20 · 2018 Appeal Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Labour Officer's ex parte decision on wrongful termination claim
Decision
Appeal struck out as premature

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that an appeal from an ex parte decision by a Labour Officer is premature and incompetent where the aggrieved party has not first applied to the Labour Officer to set aside the ex parte decision. Although the Employment Act does not expressly confer on Labour Officers the power to set aside ex parte decisions, the appropriate remedy is to first apply to the Labour Officer to set aside the decision on grounds of good cause for non-appearance. Only if the Labour Officer refuses to set aside the decision may the aggrieved party apply to the Industrial Court. The appeal was struck out as premature.

Outcome

Appeal struck out as premature

Facts

The respondent was employed by the appellant bank as a teller on 2 November 2012. On 17 December 2015 she was terminated on grounds that she had concealed information contrary to the bank's incident management procedure, leading to financial loss of UGX 1,850,000. The bank conducted a disciplinary hearing and entertained her appeal before terminating her contract. On 10 May 2016 the respondent filed a claim before the Labour Officer of Kibaale District alleging unlawful termination due to substantive and procedural impropriety. The Labour Officer heard the matter ex parte in the absence of the appellant and decided in favour of the respondent on 25 October 2016. The appellant then brought this appeal to the Industrial Court challenging the Labour Officer's decision on multiple grounds including wrongful termination findings, failure to accord the appellant a hearing, and awards made.

Issues

  1. Whether an appeal against an ex parte decision by a Labour Officer is premature where the appellant has not first applied to the Labour Officer to set aside the ex parte decision.

Orders

  • Appeal struck out as premature and incompetent.

Rules and key headnotes

Employment & Labour — Appeals from Labour Officer — Ex Parte Decisions — Proper Remedy
Where a Labour Officer makes an ex parte decision, the appropriate remedy for an aggrieved party is first to apply to the Labour Officer to have the matter set aside after satisfying the officer that there was good cause for not appearing, and only when the Labour Officer denies or refuses to set aside the decision may the aggrieved party apply to the Industrial Court to have it set aside, not bring it as an appeal.
Civil Procedure — Ex Parte Proceedings — Setting Aside — Application of Principles to Labour Disputes
Although the Employment Act does not confer upon the Labour Officer the same powers of a Court of Judicature with regard to setting aside ex parte decisions, in the spirit of Order 9 rule 27 of the Civil Procedure Rules, an aggrieved party must first apply to the Labour Officer to set aside an ex parte decision before appealing to the Industrial Court.
Employment & Labour — Appeals — Premature Appeals — Ex Parte Decisions
An appeal to the Industrial Court from an ex parte decision of a Labour Officer is premature and incompetent where the appellant has not first applied to the Labour Officer to set aside the ex parte decision.

Legislation cited (8)

Cases cited (3)

Full judgment

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Stanbic_Bank_(U)_Ltd_v_Karungi_(Labour_Dispute_Appeal_No._29_of_2016)_[2018]_UGIC_20_(19_January_2018)
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.