Wakilii

Uganda Telecom Limited v Abkhzam Ali Salim Hamdy (Labour Dispute Miscellaneous Application 168 of 2021)

Industrial Court · [2022] UGIC 76 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of decree arising from Labour Dispute Appeal No. 36/2019
Decision
Application for stay of execution dismissed on the ground that applicant has no right of appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court dismissed an application for stay of execution, holding that the applicant had no right of appeal from the Industrial Court's decision on an appeal from a labour officer. Section 94 of the Employment Act provides that the Industrial Court's decision on appeal from a labour officer is final, and subsidiary legislation cannot override this express statutory provision.

Outcome

Application for stay of execution dismissed on the ground that applicant has no right of appeal

Facts

Uganda Telecom Limited applied for stay of execution of a decree of the Industrial Court in Labour Dispute Appeal No. 36/2019. The applicant had filed a notice of appeal and sought stay on grounds that the appeal raised pertinent questions of law with high chances of success, and that the sums involved were very high which the applicant might not recover if the appeal succeeded. The application was supported by affidavit of the Acting Company Secretary. The respondent opposed the application, arguing it was defective, served outside the prescribed time, and that the applicant had no right of appeal under Section 94(3) of the Employment Act.

Issues

  1. Whether the applicant has a right of appeal from the Industrial Court's decision on an appeal from a labour officer.
  2. Whether the application for stay of execution should be granted pending appeal.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Appeals — Right of Appeal from Industrial Court — Finality of Industrial Court Decision on Appeal from Labour Officer
Where Section 94 of the Employment Act provides that the Industrial Court's decision on appeal from a labour officer is final, there is no further right of appeal to the Court of Appeal, and subsidiary legislation cannot create such a right where the substantive legislation expressly provides for finality.
Civil Procedure — Stay of Execution — Prerequisite of Right of Appeal
An application for stay of execution pending appeal must fail where the applicant has no right of appeal from the decision sought to be stayed.
Employment & Labour — Statutory Interpretation — Substantive Legislation Prevails Over Subsidiary Legislation
Where substantive legislation expressly provides that a court's decision is final, silence in subsidiary legislation on the question of finality cannot be interpreted to create a right of appeal that the substantive legislation does not confer.

Legislation cited (10)

Full judgment

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

Uganda_Telecom_Limited_v_Abkhzam_Ali_Salim_Hamdy_(Labour_Dispute_Miscellaneous_Application_168_of_2021)_[2022]_UGIC_76_(18_March_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.