Wakilii

Waiswa and 12 Others v Attorney General (Miscellaneous Application No. 26 of 2020)

Industrial Court · [2021] UGIC 66 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for endorsement and confirmation of figures calculated as emoluments arising from Labour Dispute Reference No. 054/2015
Decision
Application allowed with confirmed amounts owing to each of the thirteen applicants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court endorsed and confirmed the applicants' computation of emoluments owed under the Award in Labour Dispute Reference No. 054/2015. The respondent failed to provide its own computation or challenge the applicants' figures despite being given multiple opportunities. The court found no reason to reject the applicants' calculations and allowed the application, confirming amounts ranging from UGX 23,785,915 to UGX 60,933,137 for the thirteen applicants.

Outcome

Application allowed with confirmed amounts owing to each of the thirteen applicants

Facts

The applicants filed Labour Dispute Reference 054/2015 seeking gratuity, medical allowance, leave allowance, exgratia, transport allowance and payment in lieu of notice. The Industrial Court delivered an Award on 8 November 2016 entitling the claimants to various percentages of salary earnings and allowances, with interest at 21% from 2012 on any balance payable. The Award required the respondent to calculate amounts due to each claimant given that partial payments had already been made. The respondent was requested to submit computations but ignored the request. When the applicants submitted their own calculations, the respondent neither opposed nor rejected them. The applicants filed this application on 20 February 2020 seeking endorsement of their figures. Despite being granted time to file an affidavit in reply and appearing in court, the respondent failed to file any response or challenge the computations.

Issues

  1. Whether the court should endorse and confirm the applicants' computation of emoluments accruing in accordance with the Award in Labour Dispute Reference No. 054/2015.

Orders

  • Application allowed.
  • Computations as presented by the applicants are confirmed as owing to the applicants in Labour Dispute Reference No. 054/2015.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Enforcement of Awards — Computation of Emoluments — Failure to Challenge
Where a court award requires a respondent to calculate amounts due to claimants and the respondent fails to provide computations or challenge the claimants' calculations despite being given multiple opportunities, the court will endorse the claimants' computations as correct.

Full judgment

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

Waiswa_and_12_Others_v_Attorney_General_(Miscellaneous_Application_No._26_of_2020)_[2021]_UGIC_66_(2_July_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.