Wakilii

Sulaiman Hashil v Matrix Forex Bureau (Labour Dispute Miscellaneous Application 169 of 2024)

Industrial Court · [2026] UGIC 56 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for discovery of documents arising from pending labour dispute reference
Decision
Application granted in part; Respondent ordered to produce employment records from 2013 to October 2016 within 21 working days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court granted the application for discovery in part, ordering production of employment records within the six-year litigation period (2013 to October 2016). The court held that in the absence of statutory guidance on employment record retention, a seven-year retention period is most equitable as it aligns with the standard six-year limitation period for litigation. Records beyond seven years are unreasonable to demand. The court found that pay statements, bank statements, and original records showing the claimant's earnings are relevant to computing terminal benefits in the pending labour dispute.

Outcome

Application granted in part; Respondent ordered to produce employment records from 2013 to October 2016 within 21 working days

Facts

The Applicant filed a miscellaneous application seeking discovery and production of the Respondent's Daily Count Cash Book used in 2016, original record books, receipts, and bank statements showing how he was paid from 2013 until his suspension. The application arose from a pending labour dispute reference (LDR No. 231 of 2016) concerning unlawful suspension, constructive dismissal, and unpaid salary. The Respondent did not file an affidavit in reply. When the matter was called on 7 July 2025, the Respondent was absent despite being duly notified. The Applicant's counsel was granted leave to proceed ex parte and made brief oral submissions suggesting the Claimant had been paid from 2013 until constructive dismissal and that the application met the threshold for production of documents.

Issues

  1. Whether the Applicant is entitled to an order for discovery and production of the Respondent's employment records, including pay statements, bank statements, and original record books covering the period from 2013 to 2016.
  2. What is the reasonable period for which employers should be required to retain employment records in the absence of explicit statutory direction.

Orders

  • The Respondent shall produce pay statements, bank statements, and other original records showing the Claimant's earnings from 2013 to October 2016 before the Registrar of the Industrial Court within 21 working days from the date of this order.
  • No order as to costs.

Rules and key headnotes

Discovery — Test for Grant of Application for Discovery of Documents
For a court to grant an application for discovery of documents, four conditions must be satisfied: (i) there must be a dispute between the parties; (ii) the documents must be in the possession of the person against whom the application is made; (iii) the documents must be relevant to the dispute in the opinion of the court; and (iv) the court has final discretion to order inspection and production of documents.
Discovery — Relevance of Documents — Test for Relevance
For documents to be relevant for purposes of discovery, the application must be reasonably calculated to lead to the discovery of admissible evidence tending to prove or disprove a fact in issue or an essential element of the claim or defence.
Employment Records — Employer's Duty to Maintain Records — Statutory Obligations
Section 50 of the Employment Act 2006 mandates an employer to provide pay statements, Section 59(1) requires an employer to provide written particulars, and Regulation 28 of the Employment Regulations 2011 mandates the maintenance of payroll records and employees' entitlement to pay statements.
Employment Records — Record Retention Period — Seven-Year Standard in Absence of Statutory Guidance
In the absence of explicit statutory direction on the duration for which employment records must be retained, the appropriate document retention period is seven years. This period is most equitable because it aligns with the standard six-year limitation period for litigation. Any demand for production of employment records dating from over seven years should be considered unreasonable as it exceeds any practical scope.
Employment Records — Record Retention Period — Rejection of 5-Year Tax Period and 30-Year Archival Period
The five-year retention period mandated by the Tax Procedure Code Act for tax obligations is insufficient for labour claims, while the thirty-year preservation mandate under Section 17 of the National Records and Archives Act would be administratively excessive for retaining routine individual employment data. Neither the Employment Act nor the regulations made thereunder specify the duration for which employment records must be held.
Discovery — Fishing Expedition — Court Will Deny Discovery
The court will deny discovery if the applicant uses it as a fishing expedition to obtain information to start an action or develop a defence. A fishing expedition consists of vague, ambiguous, and overbroad requests for production.

Legislation cited (9)

Cases cited (6)

Full judgment

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Sulaiman Hashil v Matrix Forex Bureau (Labour Dispute Miscellaneous Application 169 of 2024) [2026] UGIC 56 (15 June 2026)
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.