Wakilii

Steel and Tube Industries Limited v Awubwa Ibrahim and 36 Others (Labour Dispute Appeal No. 5 of 2019)

Industrial Court · [2021] UGIC 25 · 2021 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Labour Officer's exparte award at Kampala Capital City Authority (Central)
Decision
Matter remitted to another Labour Officer for retrial

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 erred in proceeding exparte where the affidavit of service failed to disclose sufficient particulars of who was served, making it doubtful whether the appellant received notice of the hearing. Proceeding without giving the appellant an opportunity to be heard constituted a miscarriage of justice and violated Article 28 of the Constitution. The appeal was allowed and the matter remitted for retrial before another Labour Officer.

Outcome

Matter remitted to another Labour Officer for retrial

Facts

The respondents instituted a labour complaint before the KCCA Labour Officer. The appellant replied to the complaint. The matter was fixed for adjudication on 17 November 2017. On that date, in the absence of the appellant, the Labour Officer granted the respondents' prayer to proceed exparte and delivered an award in their favour. The appellant appealed, contending it had not received hearing notices for 17 November 2017. The affidavit of service indicated that service was effected on the office of the legal representative of the appellant by an administrator at the respondents' counsel's chambers, but did not disclose the name of the person served. The appellant's General Manager had personally responded to the complaint in writing on 10 September 2017.

Issues

  1. Whether the Labour Officer erred in law by delivering an award without according the appellant an opportunity to be heard.
  2. Whether service of hearing notices was properly effected on the appellant.
  3. Whether the appeal was premature, the appellant having an alternative remedy to apply to set aside the exparte award.

Orders

  • Appeal allowed.
  • Matter remitted for retrial before another Labour Officer.
  • No order as to costs.

Rules and key headnotes

Service of Process — Sufficiency of Affidavit of Service — Requirement to Disclose Particulars of Person Served
An affidavit of service must disclose sufficient particulars of the person served to satisfy the court that proper service was effected. Where the affidavit fails to name the person served and refers only to an unidentified 'legal representative', it is insufficient to establish that the party received notice of the hearing.
Service of Process — Technical Irregularity — Service by Unauthorised Person
While service of court process by a person not technically authorised under the Civil Procedure Rules may not automatically invalidate service if the party was in fact informed of the hearing date, the court must still be satisfied that proper notice was given. Technical irregularity in the identity of the process server does not cure defects in the affidavit of service itself.
Natural Justice — Right to Be Heard — Exparte Proceedings
Article 28(5) of the Constitution enshrines the right to be heard before being condemned. A Labour Officer may not proceed exparte unless satisfied that the party was properly served with notice of the hearing. Where doubt exists as to whether service was effected, proceeding exparte constitutes a miscarriage of justice.
Labour Dispute Procedure — Appeal from Labour Officer — Availability of Appeal vs Application to Set Aside
A party aggrieved by an exparte award of a Labour Officer may appeal directly to the Industrial Court. The party is not required to first apply to the Labour Officer to set aside the exparte award. A Labour Officer is not a court of law and is not bound by the Civil Procedure Rules; accordingly, Order 9 Rule 27 does not apply to proceedings before a Labour Officer.

Legislation cited (6)

Cases cited (2)

  • Auto Tune Engineering v Barozi Swaldo and Others (Labour Dispute Appeal No. 11 of 2018)
  • Engineer John Eric Mugyenyi v Uganda Electricity Generation Co Ltd (Civil Appeal No. 167 of 2018)

Full judgment

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

Steel_and_Tube_Industries_Limited_v_Awubwa_Ibrahim_and_36_Others_(Labour_Dispute_Appeal_No._5_of_2019)_[2021]_UGIC_25_(26_February_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.