Labour Disputes (Arbitration and Settlement) Act

Commencement

This Act shall come into force on a date to be appointed by the Minister by statutory instrument; and different days may be appointed for the commencement of different provisions

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Commencement”.

“This Act shall come into force on a date to be appointed by the Minister by statutory instrument; and different days may be appointed for the commencement of different provisions”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

This Act shall come into force on a date to be appointed by the Minister by statutory instrument; and different days may be appointed for the commencement of different provisions

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Interpretation

In this Act, unless the context otherwise requires

"award" means an award made by the Industrial Court in the exercise of its arbitral jurisdiction under section 14 ;

"board of inquiry" means a board of inquiry appointed under section 25 ;

"breach" means, in relation to a worker's contract of service, to commit any act or make any omission which amounts to a breach of the contract of service under which the worker is employed;

"collective agreement" means a written agreement relating to terms and conditions of employment concluded between one or more labour unions and one or more employers, or between one or more labour unions and one or more employers' organisations;

"Commissioner" means the Commissioner for Labour;

"contract of service" means any contract, written or oral, where a person agrees to perform work for an employer in return for remuneration, and includes a contract of apprenticeship;

"contract of apprenticeship" means a contract of service where there is-

(a)

an obligation on the employer to take all reasonable steps to ensure that an employee is taught, and acquires the knowledge and skills of an industry by means of practical training received in the course of the employee's employment; and

(b)

a provision for formal recognition of the fact that an employee has acquired the knowledge and skills intended to be acquired when the employee does so;

"currency point" means the value specified in relation to a currency point in Schedule 1;

"dispute" means a labour dispute;

"employee" means any person who enters into a contract of service or an apprenticeship contract, including without limitation, a person who is employed by or for the Government of Uganda, a local government or a parastatal organisation, but does not include a member of the Uganda Peoples' Defence Forces;

"employer" means a person or group of persons, including a company, a corporation, a public, regional or local authority, a governing body of an unincorporated association, a partnership, parastatal organisation or any other institution or organisation and includes-

(a)

the Government of Uganda and a local government, for whom or for which, an employee works or worked, or normally worked or sought to work, under a contract of service;

(b)

an heir, successor, assignee and transferor of any person or group of persons for whom an employee works, worked, or normally works;

"employers' organisation" means a group of employers, the principal object of which is, under its constitution, the regulation of relations between employers and employees, between employers and representatives of the employees or between employers and employers for the purpose of representing employers' interests;

"essential service" means any of the services specified in Schedule 2;

"Industrial Court" means the court established by section 7 ;

"industrial action" means a strike or lockout;

"Judge" means a judge of the Industrial Court;

"Labour Advisory Board" means the Labour Advisory Board established by the Employment Act 2005;

"labour dispute" means any dispute or difference between an employer or employers and an employee or employees, or a dispute between employees; or between labour unions, connected with employment or non-employment, terms of employment, the conditions of labour of any person or of the economic and social interests of a worker or workers;

"Labour Officer" means the Commissioner for Labour, and a District Labour Officer, as the case may be and includes an Assistant Labour Officer;

"labour union" means an organisation created by employees, the principal objects of which are, under its constitution, the regulation of the relations between employees and employers or between employees and employees, for the purpose of representing the rights and interests of employees;

"lock-out" means the closing of a place of employment, the suspension of work, or the refusal by an employer to continue to employ or to re-engage any person employed by him or her in consequence of a dispute, done with a view to compelling that person, or to aid another employer in compelling any person employed by that other employer to accept certain terms or conditions of employment which affect the employment;

"Minister" means the Minister responsible for labour matters;

"national disaster" means an occurrence inflicting widespread destruction and distress on the life, personal safety or health, industry, property, livelihood or other human interest of the whole or part of the population;

"procedural agreement" means a collective agreement which sets out a dispute resolution procedure;

"recognition agreement" means an agreement by an employer to recognise a labour union for the purposes of collective bargaining or for any other purpose;

"Registrar of Labour Unions" means the Registrar of Labour Unions appointed under the Labour Unions Act, 2006;

"strike" means the cessation of work by a body of persons employed in any trade or industry, acting in combination or concerted refusal, or a refusal under a common understanding of any number of persons who are or have been employed, to continue to work or to accept employment and includes any interruption or slowing down of work by a number of persons employed in any trade or industry or undertaking, including any action commonly known as a "sit-down strike", or a "go slow".

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "award" means an award made by the Industrial Court in the exercise of its arbitral jurisdiction under section 14;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

26

"board of inquiry" means a board of inquiry appointed under section 25;
"breach" means, in relation to a worker's contract of service, to commit any act or make any omission which amounts to a breach of the contract of service under which the worker is employed;
"collective agreement" means a written agreement relating to terms and conditions of employment concluded between one or more labour unions and one or more employers, or between one or more labour unions and one or more employers' organisations;
"Commissioner" means the Commissioner for Labour;
"contract of service" means any contract, written or oral, where a person agrees to perform work for an employer in return for remuneration, and includes a contract of apprenticeship;
"contract of apprenticeship" means a contract of service where there is-
"currency point" means the value specified in relation to a currency point in Schedule 1;
"dispute" means a labour dispute;

18 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

5

Industrial Court — contextual authority ✓ Source matched

Labour disputes as defined in Section 2 of the Labour Disputes (Arbitration and Settlement) Act 2006 (from now LADASA), means any dispute or difference between the employer or employers and an employee or

Moro_v_Green_hill_Secondary_School_Lira_(Labour_Dispute_Reference_10_of_2021)_[2023]_UGIC_61_(3_May_2023)

[2023] UGIC 61 · Industrial Court · 2023-05-03

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Section 14 · Awards of the Industrial Court Section 25 · Appointment of and reference to board of inquiry Section 7 · Establishment of the Industrial Court Employment Act Labour Unions Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Labour disputes to be referred to Labour Officer

(1)

Subject to subsection (2), a labour dispute, whether existing or apprehended, may be reported, in writing, to a Labour Officer, by a party to the dispute in such form and containing such particulars as may be prescribed by regulations made under this Act.

(2)

A labour dispute, whether existing or apprehended, may only be reported to the Commissioner if it is, or is likely to become a national disaster.

(3)

The Commissioner may, on his or her own motion, take responsibility for any labour dispute reported to a Labour Officer where the Commissioner has reasonable grounds to believe that the labour dispute is, or is likely to become a national disaster.

(4)

A person making a report of a labour dispute under subsection (1) shall send a copy of the report immediately to the other party to the dispute.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Labour disputes to be referred to Labour Officer”.

“(1) Subject to subsection (2), a labour dispute, whether existing or apprehended, may be reported, in writing, to a Labour Officer, by a party to the dispute in such form and containing such particulars as may be prescribed by regulations made under this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) Subject to subsection (2), a labour dispute, whether existing or apprehended, may be reported, in writing, to a Labour Officer, by a party to the dispute in such form and containing such particulars as may be prescribed by regulations made under this Act.
(2) A labour dispute, whether existing or apprehended, may only be reported to the Commissioner if it is, or is likely to become a national disaster.
(3) The Commissioner may, on his or her own motion, take responsibility for any labour dispute reported to a Labour Officer where the Commissioner has reasonable grounds to believe that the labour dispute is, or is likely to become a national disaster.
(4) A person making a report of a labour dispute under subsection (1) shall send a copy of the report immediately to the other party to the dispute.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

6

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Labour Officer to react to report of labour dispute within two weeks

A Labour Officer shall, within two weeks after receipt of the report made under section 3 (1), deal with the report in any one or more of the following ways

(a)

meet with the parties and endeavour to conciliate and resolve the dispute;

(b)

appoint a conciliator to conciliate the parties in dispute and inform the parties, in writing, of the appointment;

(c)

refer the dispute back to the parties with comments and proposals to the parties of the terms upon which a settlement of the labour dispute may be negotiated;

(d)

reject the report and inform the parties accordingly, stating the reasons for rejecting the report, having regard to-

(i)

the insufficiency of the particulars set out in the report, or the nature of the report;

(ii)

the insufficiency of the endeavours made by the parties to achieve a settlement of the dispute; or

(iii)

any other matter which the Labour Officer considers to be relevant in the circumstances;

(e)

inform the parties to the dispute that the report comprises matters which cannot be dealt with under this Act.

Section analysis 2 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Labour Officer to react to report of labour dispute within two weeks”.

“A Labour Officer shall, within two weeks after receipt of the report made under section 3 (1), deal with the report in any one or more of the following ways (a) meet with the parties and endeavour to conciliate and resolve the dispute;”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(a) meet with the parties and endeavour to conciliate and resolve the dispute;
(b) appoint a conciliator to conciliate the parties in dispute and inform the parties, in writing, of the appointment;
(c) refer the dispute back to the parties with comments and proposals to the parties of the terms upon which a settlement of the labour dispute may be negotiated;
(d) reject the report and inform the parties accordingly, stating the reasons for rejecting the report, having regard to-
(i) the insufficiency of the particulars set out in the report, or the nature of the report;
(ii) the insufficiency of the endeavours made by the parties to achieve a settlement of the dispute; or
(iii) any other matter which the Labour Officer considers to be relevant in the circumstances;
(e) inform the parties to the dispute that the report comprises matters which cannot be dealt with under this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

6

High Court — persuasive authority ✓ Source matched

16. Section 4 of the Labour Disputes (Arbitration and Settlement) Act (Cap.227) provides as follows: "When Labour Officer may refer dispute to Industrial Court (1) If, four weeks after receipt of a labour dispute-

Amos Mwase v Total Energies EP Uganda Ltd (Miscellaneous Cause 54 of 2026) [2026] UGHCCD 214 (11 July 2026)

[2026] UGHCCD 214 · High Court · 2026-07-11

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

16, which requires the Court to avoid multiplicities of proceedings, support the approach that resolution of a question of res judicata when raised before a Court, would benefit judicial economy. 19 See Section 4 of the Labour Disputes(Arbitration and Settlement) Act Cap.

Kabalinda_v_Tolesheet_Enterprises_Limited_(Labour_Dispute_Reference_1_of_2023)_[2024]_UGIC_40_(17_September_2024)

[2024] UGIC 40 · Industrial Court · 2024-09-17

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Section 3 · Labour disputes to be referred to Labour Officer

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

When Labour Officer may refer dispute to Industrial Court

(1)

If, four weeks after receipt of a labour dispute-

(a)

the dispute has not been resolved in the manner set out in section 4 (a) or (c); or

(b)

a conciliator appointed under section 4(b) considers that there is no likelihood of reaching any agreement, the Labour Officer shall, at the request of any party to the dispute, and subject to section 6 , refer the dispute to the Industrial Court.

(2)

Notwithstanding subsection (1), the period of conciliation may be extended by a period of two weeks, with the consent of the parties.

(3)

Where a labour dispute reported to a Labour Officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court.

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “When Labour Officer may refer dispute to Industrial Court”.

“(1) If, four weeks after receipt of a labour dispute-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) If, four weeks after receipt of a labour dispute-
(a) the dispute has not been resolved in the manner set out in section 4 (a) or (c); or
(b) a conciliator appointed under section 4(b) considers that there is no likelihood of reaching any agreement, the Labour Officer shall, at the request of any party to the dispute, and subject to section 6, refer the dispute to the Industrial Court.
(2) Notwithstanding subsection (1), the period of conciliation may be extended by a period of two weeks, with the consent of the parties.
(3) Where a labour dispute reported to a Labour Officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

12

Industrial Court — contextual authority ✓ Source matched

[16] Counsel referred us to Section 5 of the Labour Disputes (Arbitration and Settlement) Act 2006('/.ADASAj1 which provides that a LO may, upon the request of any party to the dispute, refer a dispute to the Industrial Court.

Ruthra_Agaba_Kamukama_v_Uganda_Broadcasting_Corporation_(Labour_Dispute_Reference_163_of_2021)_[2025]_UGIC_71_(3_October_2025)

[2025] UGIC 71 · Industrial Court · 2025-10-03

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

1 Section 5 of the Labour Disputes (Arbitration and Settlement) Act 2006 provides for references and Section 94 of the Employment Act, 2006 provides for appeals to the Industrial Court.

Ampeire_v_Attorney_General_(Miscellaneous_Application_34_of_2023)_[2023]_UGIC_46_(25_October_2023)

[2023] UGIC 46 · Industrial Court · 2023-10-25

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

The provision of Section 5 of the Labour Disputes (Arbitration and Settlement) Act 2006 provides for the procedure and circumstances under which a Labour officer can make a reference to this Court.

Jag_Security_Limited_v_Aminu_(Labour_Dispute_Miscellaneous_Application_2_of_2022)_[2023]_UGIC_35_(13_May_2023)

[2023] UGIC 35 · Industrial Court · 2023-05-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Section 4 · Labour Officer to react to report of labour dispute within two weeks Section 6 · Reference to conciliation and arbitration agreement

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Reference to conciliation and arbitration agreement

Where there are any arrangements for settlement by conciliation or arbitration in a trade or industry, between a labour union and one or more employers or between one or more labour unions and one or more employers' organisations, the Labour Officer shall not refer the matter to the Industrial Court but shall ensure that the parties follow the procedures for settling the dispute laid out in the conciliation or arbitration agreement, which apply to the dispute Industrial Court

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Reference to conciliation and arbitration agreement”.

“Where there are any arrangements for settlement by conciliation or arbitration in a trade or industry, between a labour union and one or more employers or between one or more labour unions and one or more employers' organisations, the Labour Officer shall not refer the matter to the Industrial Court but shall ensure that the parties follow the procedures for settling the dispute laid out in the conciliation or arbitration agreement, which apply to the dispute Industrial Court”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Where there are any arrangements for settlement by conciliation or arbitration in a trade or industry, between a labour union and one or more employers or between one or more labour unions and one or more employers' organisations, the Labour Officer shall not refer the matter to the Industrial Court but shall ensure that the parties follow the procedures for settling the dispute laid out in the conciliation or arbitration agreement, which apply to the dispute Industrial Court

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3

High Court — persuasive authority ✓ Source matched

17. Section 6 of the Labour Disputes (Arbitration and Settlement) Act (Cap.227) provides as follows: "Establishment of the Industrial Court (1) There is established an Industrial Court. (2) The Industrial Court may circuit as frequently as circumstances may make it necessary"

Amos Mwase v Total Energies EP Uganda Ltd (Miscellaneous Cause 54 of 2026) [2026] UGHCCD 214 (11 July 2026)

[2026] UGHCCD 214 · High Court · 2026-07-11

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

On its part, the applicant suggested that the matter was prematurely before this court because the provisions of Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006(LADASA) prohibit reference of a matter to the court where there are arrangements for settlement by conciliation or arbitration in a trade or industry, between a labour union and one or more employers or between one or more labour unions and one or more employers' organizations.

Meera_Investments_Limited_v_Akena_and_Another_(Labour_Dispute_Miscellaneous_Application_124_of_2022)_[2022]_UGIC_90_(3_November_2022)

[2022] UGIC 90 · Industrial Court · 2022-11-03

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

On its part, the applicant suggested that the matter was prematurely before this court because the provisions of Section 6 of the Labour Disputes (Arbitration and Settlement) Act 2006(LADASA) prohibit reference of a matter to the court where there are arrangements for settlement by conciliation or arbitration in a trade or industry, between a labour union and one or more employers or between one or more labour unions and one or more employers' organizations.

Meera_Investments_Limited_v_Akena_and_Another_(Miscellaneous_Application_124_of_2022)_[2022]_UGIC_91_(3_November_2022)

[2022] UGIC 91 · Industrial Court · 2022-11-03

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Establishment of the Industrial Court

(1)

There is established an Industrial Court.

(2)

The Industrial Court may circuit as frequently as circumstances may make it necessary.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Establishment of the Industrial Court”.

“(1) There is established an Industrial Court.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) There is established an Industrial Court.
(2) The Industrial Court may circuit as frequently as circumstances may make it necessary.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

7

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Functions of the Industrial Court

(1)

The Industrial Court shall-

(a)

arbitrate on labour disputes referred to it under this Act; and

(b)

adjudicate upon questions of law and fact arising from references to the Industrial Court by any other law.

(2)

The Industrial Court shall dispose of the labour disputes referred to it without undue delay.

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Functions of the Industrial Court”.

“(1) The Industrial Court shall-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The Industrial Court shall-
(a) arbitrate on labour disputes referred to it under this Act; and
(b) adjudicate upon questions of law and fact arising from references to the Industrial Court by any other law.
(2) The Industrial Court shall dispose of the labour disputes referred to it without undue delay.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

10

Industrial Court — contextual authority ✓ Source matched

conditions is mandatory, and failure to comply exposes the judgment debtor to execution. Order 50 rule 4 particularizes the powers of the Registrar to execute by issuing formal orders for attachment and sale of property and for the issue of notices to show cause on applications for arrest and imprisonment in execution of a decree of the High Court. Section 8 of the Labour Disputes (Arbitration and Settlement) Act 2006, grants this court concurrent jurisdiction with the High Court and provides that the orders of the Court shall be executed in the same way as those of the High Court.

Batabane_Anatoli_v_Busoga_Forestry_Company_Limited_and_Another_(MISC._APPLN._No._149_of_2025)_[2026]_UGIC_4_(27_January_2026)

[2026] UGIC 4 · Industrial Court · 2026-01-27

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

[9] In Wycliff Mubale & Ors VMakerere University6 we observed the encompassing hold of Section 34 of the Civil Procedure Act Cap.282(CPA) That provision is to the effect that all matters of execution should be handled by the Court that issued the decree.7 We also cited Section 8 of the Labour Disputes (Arbitration and Settlement) Act, Cap.

Tweheyo_v_Uganda_National_Teachers_Union_(UNATU)_(Miscellaneous_Application_143_of_2024)_[2025]_UGIC_27_(27_March_2025)

[2025] UGIC 27 · Industrial Court · 2025-03-27

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

According to Counsel, Section 8 of the Labour Disputes (Arbitration and Settlement) Act, 20 063(4from now LADASA) provides for this Court to arbitrate disputes referred to it and adjudicate questions of law and fact from references to it by any other law.

Kamiza_and_Another_v_Uganda_Beverages,_Tabacco_and_Allied_Workers_Union_(Labour_Dispute_Reference_38_of_2022)_[2024]_UGIC_78_(20_December_2024)

[2024] UGIC 78 · Industrial Court · 2024-12-20

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Arbitration and Conciliation Act, not to apply

The Arbitration and Conciliation Act shall not apply to any proceedings of the Industrial Court under this Act, or to any award made by the Industrial Court

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Arbitration and Conciliation Act, not to apply”.

“The Arbitration and Conciliation Act shall not apply to any proceedings of the Industrial Court under this Act, or to any award made by the Industrial Court”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Arbitration and Conciliation Act shall not apply to any proceedings of the Industrial Court under this Act, or to any award made by the Industrial Court

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

Arbitration and Conciliation Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Composition, appointment and tenure of members of the Industrial Court

(1)

The Industrial Court shall consist of-

(a)

a Chief Judge;

(b)

a Judge;

(c)

an independent member;

(d)

a representative of employers; and

(e)

a representative of employees.

(2)

The Chief Judge and the Judge shall be appointed by the President on the recommendation of the Judicial Service Commission, and shall have qualifications similar to those of a Judge of the High Court.

(3)

The Chief Judge and the Judge shall hold office for a term of five years.

(4)

The independent member shall be appointed by the Minister from a panel of five eminent Ugandans not representatives of employers or employees, and shall hold office for three years.

(5)

The representative of employers shall be appointed by the Minister from a panel of five persons, nominated by the federation of employers, to represent employers in respect of any one particular dispute referred to the Industrial Court.

(6)

The representative of employees shall be appointed by the Minister from a panel of five persons, nominated by the federations of labour unions, to represent employees, in respect of any one particular dispute referred to the Industrial Court.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Composition, appointment and tenure of members of the Industrial Court”.

“(1) The Industrial Court shall consist of-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

11

(1) The Industrial Court shall consist of-
(a) a Chief Judge;
(b) a Judge;
(c) an independent member;
(d) a representative of employers; and
(e) a representative of employees.
(2) The Chief Judge and the Judge shall be appointed by the President on the recommendation of the Judicial Service Commission, and shall have qualifications similar to those of a Judge of the High Court.
(3) The Chief Judge and the Judge shall hold office for a term of five years.

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Minister may consider nominations by employees and employers

In appointing a member of the industrial court under section 10(5) and (6), the Minister may take into consideration any nomination from a panel made to him or her by the employers or employees concerned with the dispute before the Industrial Court, as the case may be, but the Minister is not bound by the nomination

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Minister may consider nominations by employees and employers”.

“In appointing a member of the industrial court under section 10(5) and (6), the Minister may take into consideration any nomination from a panel made to him or her by the employers or employees concerned with the dispute before the Industrial Court, as the case may be, but the Minister is not bound by the nomination”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

In appointing a member of the industrial court under section 10(5) and (6), the Minister may take into consideration any nomination from a panel made to him or her by the employers or employees concerned with the dispute before the Industrial Court, as the case may be, but the Minister is not bound by the nomination

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 10 · Composition, appointment and tenure of members of the Industrial Court

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Registrar of the Industrial Court and support staff

(1)

The Industrial Court shall have a Registrar and support staff who shall be appointed by the Public Service Commission, as may be necessary.

(2)

The Registrar shall be a public officer with relevant knowledge in industrial relations and shall be the administrative head of the Industrial Court, under the supervision of the Chief Judge.

Decisions and awards of Industrial Court

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Registrar of the Industrial Court and support staff”.

“(1) The Industrial Court shall have a Registrar and support staff who shall be appointed by the Public Service Commission, as may be necessary.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Industrial Court shall have a Registrar and support staff who shall be appointed by the Public Service Commission, as may be necessary.
(2) The Registrar shall be a public officer with relevant knowledge in industrial relations and shall be the administrative head of the Industrial Court, under the supervision of the Chief Judge.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Decisions of the Industrial Court

Where the Industrial Court is unable to reach a common decision, the matter shall be decided by the Chief Judge

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Decisions of the Industrial Court”.

“Where the Industrial Court is unable to reach a common decision, the matter shall be decided by the Chief Judge”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Where the Industrial Court is unable to reach a common decision, the matter shall be decided by the Chief Judge

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Awards of the Industrial Court

(1)

An award or decision of the Industrial Court shall be announced by the Chief Judge in the presence of the parties to the dispute, or their representatives.

(2)

An award of the Industrial Court shall take effect from such date as may be determined by the Court but in any case, not a date earlier than the date the dispute arose and where the Industrial Court does not fix a date, the effective date shall be the date on which the award is announced.

(3)

The Industrial Court, shall, when making an award, have the power to determine the period during which the award shall remain in force and binding on the parties concerned.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Awards of the Industrial Court”.

“(1) An award or decision of the Industrial Court shall be announced by the Chief Judge in the presence of the parties to the dispute, or their representatives.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) An award or decision of the Industrial Court shall be announced by the Chief Judge in the presence of the parties to the dispute, or their representatives.
(2) An award of the Industrial Court shall take effect from such date as may be determined by the Court but in any case, not a date earlier than the date the dispute arose and where the Industrial Court does not fix a date, the effective date shall be the date on which the award is announced.
(3) The Industrial Court, shall, when making an award, have the power to determine the period during which the award shall remain in force and binding on the parties concerned.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Awards to be submitted to Minister

The Registrar of the Industrial Court shall submit to the Minister, a copy of every award of the Industrial Court

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Awards to be submitted to Minister”.

“The Registrar of the Industrial Court shall submit to the Minister, a copy of every award of the Industrial Court”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Registrar of the Industrial Court shall submit to the Minister, a copy of every award of the Industrial Court

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Enforcement of awards or decisions of the Industrial Court

(1)

An award or a decision of the Industrial Court shall be enforceable in the same way as a decision in a civil matter in the High Court.

(2)

A party to an award or decision of the Industrial Court who fails or refuses to abide by the terms of the award or decision of the Industrial Court shall be in contempt of Court.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Enforcement of awards or decisions of the Industrial Court”.

“(1) An award or a decision of the Industrial Court shall be enforceable in the same way as a decision in a civil matter in the High Court.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) An award or a decision of the Industrial Court shall be enforceable in the same way as a decision in a civil matter in the High Court.
(2) A party to an award or decision of the Industrial Court who fails or refuses to abide by the terms of the award or decision of the Industrial Court shall be in contempt of Court.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Interpretation and review of awards

(1)

Where any question arises as to the interpretation of any award of the Industrial Court within twenty-one days from the effective date of the award or, where new and relevant facts concerning the dispute materialise, a party to the award may apply to the Industrial Court to review its decision on a question of interpretation or in the light of the new facts.

(2)

The Industrial Court may decide the matter after hearing the parties, or without a hearing, if the consent of the parties is obtained.

(3)

A decision of the Industrial Court shall be notified to the parties and shall be deemed to form part of the original award and shall have the same effect in all respects, as the original award.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation and review of awards”.

“(1) Where any question arises as to the interpretation of any award of the Industrial Court within twenty-one days from the effective date of the award or, where new and relevant facts concerning the dispute materialise, a party to the award may apply to the Industrial Court to review its decision on a question of interpretation or in the light of the new facts.”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation and review of awards”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) Where any question arises as to the interpretation of any award of the Industrial Court within twenty-one days from the effective date of the award or, where new and relevant facts concerning the dispute materialise, a party to the award may apply to the Industrial Court to review its decision on a question of interpretation or in the light of the new facts.
(2) The Industrial Court may decide the matter after hearing the parties, or without a hearing, if the consent of the parties is obtained.
(3) A decision of the Industrial Court shall be notified to the parties and shall be deemed to form part of the original award and shall have the same effect in all respects, as the original award.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

8

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Industrial Court not to be bound by rules of evidence

(1)

For the purposes of determining any matter before it, the Industrial Court shall not be bound by the rules of evidence in any civil proceedings and may, on its own motion or on the application of any of the parties to the dispute, require any person-

(a)

to provide in writing, or in any other way, evidence in relation to any matter as the Court may require;

(b)

where necessary, to attend before the Court and give evidence;

(c)

to produce any document to enable the Court to obtain any information which, in the circumstances, may be considered necessary.

(2)

Notwithstanding subsection (1), a witness may object to answering any question or to producing any document on the ground that it incriminates him or her.

(3)

A witness who refuses to answer a question or to produce a document is not liable for refusing to do so.

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Industrial Court not to be bound by rules of evidence”.

“(1) For the purposes of determining any matter before it, the Industrial Court shall not be bound by the rules of evidence in any civil proceedings and may, on its own motion or on the application of any of the parties to the dispute, require any person-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) For the purposes of determining any matter before it, the Industrial Court shall not be bound by the rules of evidence in any civil proceedings and may, on its own motion or on the application of any of the parties to the dispute, require any person-
(a) to provide in writing, or in any other way, evidence in relation to any matter as the Court may require;
(b) where necessary, to attend before the Court and give evidence;
(c) to produce any document to enable the Court to obtain any information which, in the circumstances, may be considered necessary.
(2) Notwithstanding subsection (1), a witness may object to answering any question or to producing any document on the ground that it incriminates him or her.
(3) A witness who refuses to answer a question or to produce a document is not liable for refusing to do so.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

7

Industrial Court — contextual authority ✓ Source matched

[3] Section 18 of the Labour Disputes (Arbitration and Settlement) Act, 2006 (from now the "LADASA"), provides that the Industrial Court is not bound by the strict rules of evidence in civil proceedings.

Okello_v_Hariss_International_Limited_(Labour_Dispute_Reference_328_of_2017)_[2023]_UGIC_9_(2_June_2023)

[2023] UGIC 9 · Industrial Court · 2023-06-02

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Restriction on publication of evidence

(1)

Where an employers' organisation, a firm, a company or a business carried out by an individual makes a disclosure before the Industrial Court or a board of inquiry and requests that the disclosure should not be published on the grounds that it is confidential, the disclosure shall not form part of any award, finding, determination, report or other statement made by the Industrial Court or board of inquiry.

(2)

A member of the Industrial Court, board of inquiry or person present at the proceedings shall not disclose any information requested by the employers' or employees' organisations or firm, company or individual business not to be disclosed without their consent.

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Restriction on publication of evidence”.

“(1) Where an employers' organisation, a firm, a company or a business carried out by an individual makes a disclosure before the Industrial Court or a board of inquiry and requests that the disclosure should not be published on the grounds that it is confidential, the disclosure shall not form part of any award, finding, determination, report or other statement made by the Industrial Court or board of inquiry.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Where an employers' organisation, a firm, a company or a business carried out by an individual makes a disclosure before the Industrial Court or a board of inquiry and requests that the disclosure should not be published on the grounds that it is confidential, the disclosure shall not form part of any award, finding, determination, report or other statement made by the Industrial Court or board of inquiry.
(2) A member of the Industrial Court, board of inquiry or person present at the proceedings shall not disclose any information requested by the employers' or employees' organisations or firm, company or individual business not to be disclosed without their consent.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

9

Industrial Court — contextual authority ✓ Source matched

[14] Section 19 of the Labour Disputes (Arbitration and Settlement) Act, Cap 227, provides that "For purposes of determining any matter before it, the Industrial Court shall not be bound by the rules of evidence in any civil proceedings and may, on its own motion or on the application of any of the parties to the dispute, require any person- To provide in writing or in any other way, evidence in relation to any matter as the court may require: Where necessary, to attend before the court and give evidence To produce any document to enable the court to obtain any

Nkalubo_Denis_v_Crown_Beverages_Limited_(Labour_Dispute_Reference_320_of_2019)_[2026]_UGIC_36_(29_April_2026)

[2026] UGIC 36 · Industrial Court · 2026-04-29

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

Section 19 of the Labour Disputes (Arbitration and Settlement) Act, Cap 227, provides that "For purposes of determining any matter before it, the Industrial Court shall not be bound by the rules of evidence in any civil proceedings and may, on its own motion or on the application of any of the parties to the dispute, require any person- To provide, in writing or in any other way, evidence in relation to any matter as court may require: Where necessary, to attend before the court and give evidence To produce any document to enable the court to obtain any info

Mukisa_Godfrey_and_Another_v_Vegol_Limited_(LABOUR_DISPUTE_REFERENCE_No._012_OF_2022)_[2026]_UGIC_23_(2_April_2026)

[2026] UGIC 23 · Industrial Court · 2026-04-02

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

Section 19 of the Labour Disputes (Arbitration and Settlement) Act, Cap 227, provides that "For purposes of determining any matter before it, the Industrial Court shall not be bound by the rules of evidence in any civil proceedings and may, on its own motion or on the application of any of the parties to the dispute, require any person- To provide, in writing or in any other way, evidence in relation to any matter as court may require: Where necessary, to attend before the court and give evidence To produce any document to enable the court to obtain any info

Mukisa_Godfrey_and_Another_v_Vegol_Limited_(LABOUR_DISPUTE_REFERENCE_No._012_OF_2022)_[2026]_UGIC_24_(2_April_2026)

[2026] UGIC 24 · Industrial Court · 2026-04-02

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Legal representation in the Industrial Court

In any proceedings before the Industrial Court a party may appear by himself or herself or by an agent, including a labour union or an employer's organisation, or may be represented by an advocate

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Legal representation in the Industrial Court”.

“In any proceedings before the Industrial Court a party may appear by himself or herself or by an agent, including a labour union or an employer's organisation, or may be represented by an advocate”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

In any proceedings before the Industrial Court a party may appear by himself or herself or by an agent, including a labour union or an employer's organisation, or may be represented by an advocate

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Industrial Court — contextual authority ✓ Source matched

8.1.7 We are minded though that Section 20 of the Labour Disputes (Arbitration and Settlement) Act 2006 provides that in any proceedings before this Court, a party may appear by themselves or by agent, or may be represented by an advocate. Under Regulation 2(1) of the Advocates (Professional Conduct) Regulations provides that no advocate shall act for any person unless he/she has received instructions from that person or his/her authorized agent.

Security_Group_Limited_v_Kigozi_(Labour_Dispute_Miscellaneous_Application_No._36_of_2022)_[2023]_UGIC_4_(13_January_2023)

[2023] UGIC 4 · Industrial Court · 2023-01-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Sittings of the Industrial Court may be public or in private

(1)

It is in the discretion of the Industrial Court to admit or exclude the public or the press from any of its sittings.

(2)

Where the press is present at a sitting of the Industrial Court, the press may not publish any comment or report on the proceedings, where the comment or report is likely to prejudice the ability of a party to obtain a fair hearing.

(3)

The Industrial Court may make any orders to ensure that the parties to a dispute obtain a fair hearing and may, where necessary, order that comments in respect of any proceedings or the evidence adduced in the Industrial Court are not to be published until an award has been announced. exceeding five currency points.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Sittings of the Industrial Court may be public or in private”.

“(1) It is in the discretion of the Industrial Court to admit or exclude the public or the press from any of its sittings.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) It is in the discretion of the Industrial Court to admit or exclude the public or the press from any of its sittings.
(2) Where the press is present at a sitting of the Industrial Court, the press may not publish any comment or report on the proceedings, where the comment or report is likely to prejudice the ability of a party to obtain a fair hearing.
(3) The Industrial Court may make any orders to ensure that the parties to a dispute obtain a fair hearing and may, where necessary, order that comments in respect of any proceedings or the evidence adduced in the Industrial Court are not to be published until an award has been announced. exceeding five currency points.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Appeals from the Industrial Court

An appeal shall lie from a decision of the Industrial Court to the Court of Appeal only on a point of law, or to determine whether the Industrial Court had jurisdiction over the matter

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Jurisdictional rule

This section establishes the jurisdictional rule for “Appeals from the Industrial Court”.

“An appeal shall lie from a decision of the Industrial Court to the Court of Appeal only on a point of law, or to determine whether the Industrial Court had jurisdiction over the matter”

Primary legislation Source quotation matched

Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

An appeal shall lie from a decision of the Industrial Court to the Court of Appeal only on a point of law, or to determine whether the Industrial Court had jurisdiction over the matter

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

6

Industrial Court — contextual authority ✓ Source matched

It was also submitted that the memorandum of appeal offends Section 22 of the Labour Disputes(Arbitration and Settlement) Act 2006 (from now LADASA), which provides that appeals from the Industrial Court to the Court of Appeal shall only be on points of law or to determine whether the Industrial Court had jurisdiction over the matter.

Kiboko_Enterprises_Limited_v_Kimbugwe_(Miscellaneous_Application_139_of_2023)_[2024]_UGIC_12_(29_January_2024)

[2024] UGIC 12 · Industrial Court · 2024-01-29

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

It was also submitted that the memorandum of appeal offends Section 22 of the Labour Disputes(Arbitration and Settlement) Act 2006 (from now LADASA), which provides that appeals from the Industrial Court to the Court of Appeal shall only be on points of law or to determine whether the Industrial Court had jurisdiction over the matter.

Kiboko_Enterprise_Limited_v_Kimbugwe_(Miscellaneous_Application_139_of_2023)_[2023]_UGIC_57_(29_January_2023)

[2023] UGIC 57 · Industrial Court · 2023-01-29

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Industrial Court — contextual authority ✓ Source matched

Section 22 of the Labour Disputes(Arbitration and Settlement) Act provides for appeals from the court to the court of Appeal on matters of law and not of fact.

Obokullo_v_Walter_Arnold_(Labour_Dispute_Miscellaneous_Application_No._73_of_2016)_[2016]_UGIC_17_(14_October_2016)

[2016] UGIC 17 · Industrial Court · 2016-10-14

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Party to a recognition or procedural agreement may initiate discussion

(1)

A party to a recognition agreement or a procedural agreement who is of the opinion that a matter likely to lead to a labour dispute has arisen, may give two weeks' notice to the other party, to negotiate under the agreement with a view to reaching a settlement on the matter.

(2)

Where negotiations are not carried out under subsection (1), any of the parties may report the matter to a Labour Officer who shall investigate the matter with a view to finding out the cause of the delay in negotiating the matter, within two weeks of the receipt of the report.

(3)

On the completion of the investigations under subsection (2), the Labour Officer may-

(a)

order the parties to start negotiations within two weeks from the time his or her investigations are concluded; or

(b)

appoint a conciliator, where the Labour Officer is of the opinion that negotiations are not likely to bring about a quick settlement of the matter in disagreement.

(4)

Where an agreement is not reached under subsection (3), section 5 shall apply to the settlement of the dispute and, for the purposes of this Act, the dispute shall be treated as a labour dispute.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Party to a recognition or procedural agreement may initiate discussion”.

“(1) A party to a recognition agreement or a procedural agreement who is of the opinion that a matter likely to lead to a labour dispute has arisen, may give two weeks' notice to the other party, to negotiate under the agreement with a view to reaching a settlement on the matter.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) A party to a recognition agreement or a procedural agreement who is of the opinion that a matter likely to lead to a labour dispute has arisen, may give two weeks' notice to the other party, to negotiate under the agreement with a view to reaching a settlement on the matter.
(2) Where negotiations are not carried out under subsection (1), any of the parties may report the matter to a Labour Officer who shall investigate the matter with a view to finding out the cause of the delay in negotiating the matter, within two weeks of the receipt of the report.
(3) On the completion of the investigations under subsection (2), the Labour Officer may-
(a) order the parties to start negotiations within two weeks from the time his or her investigations are concluded; or
(b) appoint a conciliator, where the Labour Officer is of the opinion that negotiations are not likely to bring about a quick settlement of the matter in disagreement.
(4) Where an agreement is not reached under subsection (3), section 5 shall apply to the settlement of the dispute and, for the purposes of this Act, the dispute shall be treated as a labour dispute.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

Section 5 · When Labour Officer may refer dispute to Industrial Court

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Powers of a Labour Officer

(1)

A Labour Officer shall, in exercising his or her powers under this Act, endeavour to secure the settlement of trade disputes, actual or imminent, by the use of voluntary procedures, conciliation and mediation.

(2)

A Labour Officer may act as conciliator or mediator in a labour dispute or may nominate any other person to act in that capacity.

Boards of inquiry

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Powers of a Labour Officer”.

“(1) A Labour Officer shall, in exercising his or her powers under this Act, endeavour to secure the settlement of trade disputes, actual or imminent, by the use of voluntary procedures, conciliation and mediation.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A Labour Officer shall, in exercising his or her powers under this Act, endeavour to secure the settlement of trade disputes, actual or imminent, by the use of voluntary procedures, conciliation and mediation.
(2) A Labour Officer may act as conciliator or mediator in a labour dispute or may nominate any other person to act in that capacity.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Appointment of and reference to board of inquiry

(1)

Subject to this Act, the Minister may, whenever he or she considers it expedient, appoint a board of inquiry to inquire into and report to him or her any matter-

(a)

affecting the relations between an employer and an employee, as he or she may direct;

(b)

affecting the working conditions of an employee or group of employees; or

(c)

relating to the terms of employment of an employee.

(2)

A board of inquiry appointed under this section may comprise-

(a)

a single person; or

(b)

a number of persons, including a chairperson, as the Minister may appoint.

(3)

Where the Minister appoints persons under subsection (2)(b), the persons appointed shall be equally representative of employers and employees and shall not in any way be employed or concerned with the particular trade or industry into which that board is to inquire.

(4)

For the purposes of its functions, a board of inquiry, shall have all the powers relating to evidence as are conferred on the Industrial Court by section 18 .

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Appointment of and reference to board of inquiry”.

“(1) Subject to this Act, the Minister may, whenever he or she considers it expedient, appoint a board of inquiry to inquire into and report to him or her any matter-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

9

(1) Subject to this Act, the Minister may, whenever he or she considers it expedient, appoint a board of inquiry to inquire into and report to him or her any matter-
(a) affecting the relations between an employer and an employee, as he or she may direct;
(b) affecting the working conditions of an employee or group of employees; or
(c) relating to the terms of employment of an employee.
(2) A board of inquiry appointed under this section may comprise-
(a) a single person; or
(b) a number of persons, including a chairperson, as the Minister may appoint.
(3) Where the Minister appoints persons under subsection (2)(b), the persons appointed shall be equally representative of employers and employees and shall not in any way be employed or concerned with the particular trade or industry into which that board is to inquire.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 18 · Industrial Court not to be bound by rules of evidence

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Report of board of inquiry

(1)

A board of inquiry shall at the end of its inquiry, submit to the Minister, a report of its findings and recommendations.

(2)

Upon receipt of the report of a board of inquiry under subsection (1), the Minister shall-

(a)

cause to be published in such a manner as he or she may deem expedient, the whole or any part of the report; and

(b)

where the report relates to any existing labour dispute, make known to all or any of the parties concerned as he or she considers appropriate, the findings and recommendations contained in the report.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Report of board of inquiry”.

“(1) A board of inquiry shall at the end of its inquiry, submit to the Minister, a report of its findings and recommendations.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) A board of inquiry shall at the end of its inquiry, submit to the Minister, a report of its findings and recommendations.
(2) Upon receipt of the report of a board of inquiry under subsection (1), the Minister shall-
(a) cause to be published in such a manner as he or she may deem expedient, the whole or any part of the report; and
(b) where the report relates to any existing labour dispute, make known to all or any of the parties concerned as he or she considers appropriate, the findings and recommendations contained in the report.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Parties' refusal to comply with recommendations of the report

Where, after having made known to the parties concerned the findings and recommendations contained in the report of a board of inquiry, the parties or any of them refuse to settle the dispute as recommended by the board within the time specified by the board, the Minister may refer the dispute to the Industrial Court Industrial action

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Parties' refusal to comply with recommendations of the report”.

“Where, after having made known to the parties concerned the findings and recommendations contained in the report of a board of inquiry, the parties or any of them refuse to settle the dispute as recommended by the board within the time specified by the board, the Minister may refer the dispute to the Industrial Court Industrial action”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Where, after having made known to the parties concerned the findings and recommendations contained in the report of a board of inquiry, the parties or any of them refuse to settle the dispute as recommended by the board within the time specified by the board, the Minister may refer the dispute to the Industrial Court Industrial action

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Unlawful industrial action

(1)

A Labour Officer may do any of the things in subsection (2), where it appears that-

(a)

there is a labour dispute (whether the dispute is reported to him or her or not) which is likely to lead to an unlawful strike, lock-out or other industrial action;

(b)

the matter to which the labour dispute relates is settled by a collective agreement;

(c)

a substantial proportion of the employers and employees in the trade or section of industry covered by the collective agreement, are directly or through their organisations, parties to that collective agreement; and

(d)

the collective agreement has not expired.

(2)

The Labour Officer may-

(a)

request the parties to the dispute to comply with the collective agreement; or

(b)

order the parties to comply with the collective agreement.

(3)

Where the parties do not comply with the request or order of a Labour Officer under subsection (2), the Minister or the Labour Officer shall refer the dispute to the Industrial Court.

(4)

Where the Minister or the Labour Officer refers a dispute to the Industrial Court under this Act, the Minister or the Labour Officer may declare the counselling or procuring of any strike or other industrial action, or the introduction of a lock-out, in relation to a matter forming the dispute referred to the Industrial Court to be unlawful until the earlier of-

(a)

the date, not later than three weeks from the date on which the dispute was referred to the Industrial Court; or

(b)

the date on which the Industrial Court makes its decision or award.

(5)

Where a Labour Officer seeks to settle a labour dispute by conciliation, he or she may declare the counselling or procuring of a strike or other industrial action or the introduction of a lock-out, in relation to matters forming the subject matter of the conciliation efforts to be unlawful until the earlier of the date when-

(a)

the matter is settled by conciliation or by a decision by the Industrial Court; or

(b)

a date, not later than three weeks from the date on which the dispute was referred to conciliation.

(6)

A person who wilfully induces a strike or other industrial action, or who undertakes a lock-out in circumstances where that action has been declared unlawful by a Labour Officer under this section, commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Unlawful industrial action”.

“(1) A Labour Officer may do any of the things in subsection (2), where it appears that-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

16

(1) A Labour Officer may do any of the things in subsection (2), where it appears that-
(a) there is a labour dispute (whether the dispute is reported to him or her or not) which is likely to lead to an unlawful strike, lock-out or other industrial action;
(b) the matter to which the labour dispute relates is settled by a collective agreement;
(c) a substantial proportion of the employers and employees in the trade or section of industry covered by the collective agreement, are directly or through their organisations, parties to that collective agreement; and
(d) the collective agreement has not expired.
(2) The Labour Officer may-
(a) request the parties to the dispute to comply with the collective agreement; or
(b) order the parties to comply with the collective agreement.

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Unlawful organisation of industrial action

(1)

Where the Industrial Court makes an award and that award has come into force, it shall be an offence for any person, during the existence of the award, to counsel or procure a strike or other industrial action or to introduce a lock-out in circumstances where the objective or purpose of the strike, other industrial action or lock-out is to upset or vary that award.

(2)

Where a Labour Officer declares any industrial action unlawful under this Act, it shall be an offence for any person, during the period in which the industrial action has been declared unlawful, to counsel or procure a strike or other industrial action or to introduce a lock-out. exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Unlawful organisation of industrial action”.

“(1) Where the Industrial Court makes an award and that award has come into force, it shall be an offence for any person, during the existence of the award, to counsel or procure a strike or other industrial action or to introduce a lock-out in circumstances where the objective or purpose of the strike, other industrial action or lock-out is to upset or vary that award.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Where the Industrial Court makes an award and that award has come into force, it shall be an offence for any person, during the existence of the award, to counsel or procure a strike or other industrial action or to introduce a lock-out in circumstances where the objective or purpose of the strike, other industrial action or lock-out is to upset or vary that award.
(2) Where a Labour Officer declares any industrial action unlawful under this Act, it shall be an offence for any person, during the period in which the industrial action has been declared unlawful, to counsel or procure a strike or other industrial action or to introduce a lock-out. exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Employee's right to participate in industrial action

(1)

Subject only to any limitation provided in this Act or any other law, it shall be lawful for an employee-

(a)

to participate in an industrial action; or

(b)

to act in contemplation or furtherance of an industrial action in connection with a labour dispute.

(2)

Civil action shall not be taken against an employee who participates or acts in contemplation or furtherance of an industrial action in connection with a labour dispute, under this section.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Employee's right to participate in industrial action”.

“(1) Subject only to any limitation provided in this Act or any other law, it shall be lawful for an employee-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) Subject only to any limitation provided in this Act or any other law, it shall be lawful for an employee-
(a) to participate in an industrial action; or
(b) to act in contemplation or furtherance of an industrial action in connection with a labour dispute.
(2) Civil action shall not be taken against an employee who participates or acts in contemplation or furtherance of an industrial action in connection with a labour dispute, under this section.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Picketing

For the purpose of peacefully persuading any person to work or to abstain from working or for the purpose of peacefully obtaining or communicating information, it shall be lawful, in contemplation or furtherance of a labour dispute for (a) an employee to attend at or near his or her workplace or at or near the business premises of his or her employer or of any associated employer from which his or her work is administered; or

(b)

an official of a labour union representing that employee to attend at or near their workplaces or at or near the business premises of their employers or associated employers from which such employees' work is administered.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Picketing”.

“For the purpose of peacefully persuading any person to work or to abstain from working or for the purpose of peacefully obtaining or communicating information, it shall be lawful, in contemplation or furtherance of a labour dispute for (a) an employee to attend at or near his or her workplace or at or near the business premises of his or her employer or of any associated employer from which his or her work is administered; or”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(b) an official of a labour union representing that employee to attend at or near their workplaces or at or near the business premises of their employers or associated employers from which such employees' work is administered.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Acts of intimidation or annoyance

(1)

It shall be an offence for any person to compel or to seek to compel another person to do or to refrain from doing any act which that other person has a legal right to do or to refrain from doing by-

(a)

the use of violence or intimidation against that other person or his or her family; or

(b)

the use of violence or threats of violence against the property of that person or his or her family. exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Acts of intimidation or annoyance”.

“(1) It shall be an offence for any person to compel or to seek to compel another person to do or to refrain from doing any act which that other person has a legal right to do or to refrain from doing by-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) It shall be an offence for any person to compel or to seek to compel another person to do or to refrain from doing any act which that other person has a legal right to do or to refrain from doing by-
(a) the use of violence or intimidation against that other person or his or her family; or
(b) the use of violence or threats of violence against the property of that person or his or her family. exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Essential services

(1)

An employee in an essential service specified in Schedule 2 shall not wilfully breach or terminate his or her contract of service, other than in the circumstances specified in section 34 , or do so where he or she knows or has reasonable cause to believe that the probable consequences of his or her actions, either alone or in combination with others, is to deprive the public or any section of the public of the essential service or substantially to diminish the enjoyment of that essential service by the public or by any section of the public.

(2)

A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

(3)

Subject to section 34 , a person shall not cause or procure or counsel any employee to breach or terminate his or her contract of service and do so where he or she knows or has reasonable cause to believe that the probable consequences of his or her breach or termination, alone or with others, is to deprive the public or any section of the public of an essential service or substantially to diminish the enjoyment of an essential service by the public or by any section of the public.

(4)

A person who contravenes subsection (3) commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Essential services”.

“(1) An employee in an essential service specified in Schedule 2 shall not wilfully breach or terminate his or her contract of service, other than in the circumstances specified in section 34, or do so where he or she knows or has reasonable cause to believe that the probable consequences of his or her actions, either alone or in combination with others, is to deprive the public or any section of the public of the essential service or substantially to diminish the enjoyment of that essential service by the public…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) An employee in an essential service specified in Schedule 2 shall not wilfully breach or terminate his or her contract of service, other than in the circumstances specified in section 34, or do so where he or she knows or has reasonable cause to believe that the probable consequences of his or her actions, either alone or in combination with others, is to deprive the public or any section of the public of the essential service or substantially to diminish the enjoyment of that essential service by the public or by any section of the public.
(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year, or both.
(3) Subject to section 34, a person shall not cause or procure or counsel any employee to breach or terminate his or her contract of service and do so where he or she knows or has reasonable cause to believe that the probable consequences of his or her breach or termination, alone or with others, is to deprive the public or any section of the public of an essential service or substantially to diminish the enjoyment of an essential service by the public or by any section of the public.
(4) A person who contravenes subsection (3) commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 34 · Lawful industrial action in essential services

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Lawful industrial action in essential services

(1)

Nothing in this Act shall prohibit an individual employee from giving notice of termination of employment at any time under the Employment Act, 2006.

(2)

Where a collective withdrawal of labour from an essential service is contemplated, notice in writing of the intended participation in the withdrawal shall be given to an employer, not earlier than fourteen days before the intended collective withdrawal of labour, and not later than twenty-two days from the intended collective withdrawal of labour.

(3)

Notice in subsection (2) may be given individually by the employees in the essential service or collectively where they are represented by a labour union of which the employees are members.

(4)

Where notice of the intended participation in collective withdrawal given in subsection (2) is not subsequently withdrawn, an employee by whom or on whose behalf notice is given and who is represented by a labour union and a person who causes or procures or counsels that employee to breach his or her contract of service shall not be guilty of any offence where the employee breaches his or her contract of service after the expiry of fourteen days but before the expiry of twenty two days following the delivery of the notice.

(5)

A notice of intended participation in a collective withdrawal of labour shall not be valid under this section where, before the expiry of the fourteen-day period specified in subsection (2), the Minister refers the dispute to the Industrial Court.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Lawful industrial action in essential services”.

“(1) Nothing in this Act shall prohibit an individual employee from giving notice of termination of employment at any time under the Employment Act, 2006.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) Nothing in this Act shall prohibit an individual employee from giving notice of termination of employment at any time under the Employment Act, 2006.
(2) Where a collective withdrawal of labour from an essential service is contemplated, notice in writing of the intended participation in the withdrawal shall be given to an employer, not earlier than fourteen days before the intended collective withdrawal of labour, and not later than twenty-two days from the intended collective withdrawal of labour.
(3) Notice in subsection (2) may be given individually by the employees in the essential service or collectively where they are represented by a labour union of which the employees are members.
(4) Where notice of the intended participation in collective withdrawal given in subsection (2) is not subsequently withdrawn, an employee by whom or on whose behalf notice is given and who is represented by a labour union and a person who causes or procures or counsels that employee to breach his or her contract of service shall not be guilty of any offence where the employee breaches his or her contract of service after the expiry of fourteen days but before the expiry of twenty two days following the delivery of the notice.
(5) A notice of intended participation in a collective withdrawal of labour shall not be valid under this section where, before the expiry of the fourteen-day period specified in subsection (2), the Minister refers the dispute to the Industrial Court.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Employment Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Information about essential services

(1)

Every employer in an essential service shall-

(a)

cause to be posted, upon the principal premises used for the purpose of discharging that essential service, a printed copy of the provisions of sections 33 and 34 and Schedule 2 in a conspicuous place where the copy may conveniently be read by the employees; and

(b)

as often as the copy becomes defaced, obliterated, destroyed or removed, cause it to be replaced as soon as possible.

(2)

An employer who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and to a further fine not exceeding half a currency point for every day or part of a day during which the offence has continued.

(3)

A person who wilfully, without reasonable cause or excuse, defaces, obliterates, destroys, removes or covers up any printed copy posted up in accordance with subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Information about essential services”.

“(1) Every employer in an essential service shall-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) Every employer in an essential service shall-
(a) cause to be posted, upon the principal premises used for the purpose of discharging that essential service, a printed copy of the provisions of sections 33 and 34 and Schedule 2 in a conspicuous place where the copy may conveniently be read by the employees; and
(b) as often as the copy becomes defaced, obliterated, destroyed or removed, cause it to be replaced as soon as possible.
(2) An employer who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and to a further fine not exceeding half a currency point for every day or part of a day during which the offence has continued.
(3) A person who wilfully, without reasonable cause or excuse, defaces, obliterates, destroys, removes or covers up any printed copy posted up in accordance with subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 33 · Essential services Section 34 · Lawful industrial action in essential services

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Designation of essential services

(1)

The Minister may, in consultation with the Labour Advisory Board, in addition to the services prescribed in Schedule 2, by statutory instrument made under section 42 , designate a service as an essential service if it is of such a nature that its interruption endangers the life, personal safety or health of the whole or part of the population.

(2)

In the case of any doubt arising, the Industrial Court, on reference by any party to a labour dispute or on reference by the Minister, shall decide whether any service is within the classification of essential services specified in Schedule 2 and the decision shall be conclusive.

(3)

Where a lock-out or strike occurs and the Minister is satisfied that the parties to the lock-out or strike acted in the reasonable belief that the affected service is not an essential service but the Industrial Court declares that service to be an essential service-

(4)

the Minister shall cause a certificate to be served on the parties to the lock-out or strike, stating that the service is an essential service; and

(5)

the lock-out or strike shall be deemed to be a labour dispute to which sections 33 and 34 apply from the date on which the certificate is served on the parties.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Designation of essential services”.

“(1) The Minister may, in consultation with the Labour Advisory Board, in addition to the services prescribed in Schedule 2, by statutory instrument made under section 42, designate a service as an essential service if it is of such a nature that its interruption endangers the life, personal safety or health of the whole or part of the population.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) The Minister may, in consultation with the Labour Advisory Board, in addition to the services prescribed in Schedule 2, by statutory instrument made under section 42, designate a service as an essential service if it is of such a nature that its interruption endangers the life, personal safety or health of the whole or part of the population.
(2) In the case of any doubt arising, the Industrial Court, on reference by any party to a labour dispute or on reference by the Minister, shall decide whether any service is within the classification of essential services specified in Schedule 2 and the decision shall be conclusive.
(3) Where a lock-out or strike occurs and the Minister is satisfied that the parties to the lock-out or strike acted in the reasonable belief that the affected service is not an essential service but the Industrial Court declares that service to be an essential service-
(4) the Minister shall cause a certificate to be served on the parties to the lock-out or strike, stating that the service is an essential service; and
(5) the lock-out or strike shall be deemed to be a labour dispute to which sections 33 and 34 apply from the date on which the certificate is served on the parties.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 42 · Regulations Section 33 · Essential services Section 34 · Lawful industrial action in essential services

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Prosecutions

A prosecution for any offence under this Act shall not be instituted except by, or with the written consent of the Director of Public Prosecutions

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Prosecutions”.

“A prosecution for any offence under this Act shall not be instituted except by, or with the written consent of the Director of Public Prosecutions”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A prosecution for any offence under this Act shall not be instituted except by, or with the written consent of the Director of Public Prosecutions

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Collective agreement to be registered

(1)

A copy of every collective agreement and any amendment or variation made to the agreement shall be registered with a Labour Officer.

(2)

Notwithstanding subsection (1), a collective agreement that is not registered remains enforceable between the parties to the agreement.

(3)

A Labour Officer may advise the parties on the drawing of the agreement, but the parties shall not be bound by the advice.

(4)

The terms of a collective agreement shall be in writing, and every collective agreement shall contain a reference to the manner and date when it may be reviewed.

(5)

Where a collective agreement, in existence at the commencement of this Act, does not contain a reference to the date on which it is to be reviewed or where the date for its review has passed without revision being made or further agreement being reached, the agreement shall, unless it is brought into compliance with subsection (4), remain valid only for a period not exceeding two years after the commencement of this Act.

(6)

It is the duty of every party to a collective agreement to ensure that a signed copy of the agreement is lodged with the Registrar of Labour Unions within twenty-eight days from the date the agreement is made. exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Collective agreement to be registered”.

“(1) A copy of every collective agreement and any amendment or variation made to the agreement shall be registered with a Labour Officer.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) A copy of every collective agreement and any amendment or variation made to the agreement shall be registered with a Labour Officer.
(2) Notwithstanding subsection (1), a collective agreement that is not registered remains enforceable between the parties to the agreement.
(3) A Labour Officer may advise the parties on the drawing of the agreement, but the parties shall not be bound by the advice.
(4) The terms of a collective agreement shall be in writing, and every collective agreement shall contain a reference to the manner and date when it may be reviewed.
(5) Where a collective agreement, in existence at the commencement of this Act, does not contain a reference to the date on which it is to be reviewed or where the date for its review has passed without revision being made or further agreement being reached, the agreement shall, unless it is brought into compliance with subsection (4), remain valid only for a period not exceeding two years after the commencement of this Act.
(6) It is the duty of every party to a collective agreement to ensure that a signed copy of the agreement is lodged with the Registrar of Labour Unions within twenty-eight days from the date the agreement is made. exceeding twenty-four currency points or imprisonment not exceeding one year, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Terms of collective agreement to be part of contract of employment

The terms of a collective agreement, registered in accordance with section 38 , shall, so far as is appropriate, be incorporated in the contracts of employment of the employees who are subject to its provisions, and shall give rise to legally enforceable rights

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Terms of collective agreement to be part of contract of employment”.

“The terms of a collective agreement, registered in accordance with section 38, shall, so far as is appropriate, be incorporated in the contracts of employment of the employees who are subject to its provisions, and shall give rise to legally enforceable rights”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The terms of a collective agreement, registered in accordance with section 38, shall, so far as is appropriate, be incorporated in the contracts of employment of the employees who are subject to its provisions, and shall give rise to legally enforceable rights

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 38 · Collective agreement to be registered

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Rules of procedure for Industrial Court

(1)

The Minister may, in consultation with the Chief Justice, make rules prescribing the form and the manner in which labour disputes may be referred to the Industrial Court, the procedure for the hearing of labour disputes and generally for the conduct of the business of the Court.

(2)

Where any question arises in the course of the hearing of a labour dispute in respect of which rules have not been made under this section, the Industrial Court shall regulate its own procedure.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Rules of procedure for Industrial Court”.

“(1) The Minister may, in consultation with the Chief Justice, make rules prescribing the form and the manner in which labour disputes may be referred to the Industrial Court, the procedure for the hearing of labour disputes and generally for the conduct of the business of the Court.”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister may, in consultation with the Chief Justice, make rules prescribing the form and the manner in which labour disputes may be referred to the Industrial Court, the procedure for the hearing of labour disputes and generally for the conduct of the business of the Court.
(2) Where any question arises in the course of the hearing of a labour dispute in respect of which rules have not been made under this section, the Industrial Court shall regulate its own procedure.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Remuneration, allowances and other expenses

(1)

The Minister shall, with the approval of the Minister responsible for finance, determine the remuneration, including allowances payable to the members and staff of the Industrial Court and any board of inquiry appointed under this Act.

(2)

Any expenses incurred in carrying into effect the provisions of this Act shall be paid out of the consolidated fund.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Remuneration, allowances and other expenses”.

“(1) The Minister shall, with the approval of the Minister responsible for finance, determine the remuneration, including allowances payable to the members and staff of the Industrial Court and any board of inquiry appointed under this Act.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister shall, with the approval of the Minister responsible for finance, determine the remuneration, including allowances payable to the members and staff of the Industrial Court and any board of inquiry appointed under this Act.
(2) Any expenses incurred in carrying into effect the provisions of this Act shall be paid out of the consolidated fund.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Regulations

(1)

The Minister may, in consultation with the Labour Advisory Board and with the approval of Parliament, by statutory instrument, make regulations for the better carrying out of the purposes of this Act.

(2)

Regulations made under this section may prescribe, in respect of a contravention of the regulations, that the offender is liable, on conviction, to a fine not exceeding twenty-four currency points, or to imprisonment for a term not exceeding one year, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“(1) The Minister may, in consultation with the Labour Advisory Board and with the approval of Parliament, by statutory instrument, make regulations for the better carrying out of the purposes of this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister may, in consultation with the Labour Advisory Board and with the approval of Parliament, by statutory instrument, make regulations for the better carrying out of the purposes of this Act.
(2) Regulations made under this section may prescribe, in respect of a contravention of the regulations, that the offender is liable, on conviction, to a fine not exceeding twenty-four currency points, or to imprisonment for a term not exceeding one year, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Minister's power to amend Schedules

(1)

The Minister may, with the approval of Cabinet, by statutory instrument, amend Schedule 1.

(2)

The Minister may, with the approval of the Labour Advisory Board, by statutory instrument, amend Schedule 2.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Minister's power to amend Schedules”.

“(1) The Minister may, with the approval of Cabinet, by statutory instrument, amend Schedule 1.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister may, with the approval of Cabinet, by statutory instrument, amend Schedule 1.
(2) The Minister may, with the approval of the Labour Advisory Board, by statutory instrument, amend Schedule 2.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Repeal of Cap 224 and savings

(1)

The Trade Disputes (Arbitration and Settlement) Act is repealed.

(2)

A statutory instrument made under the Trade Disputes (Arbitration and Settlement) Act repealed by subsection (1), and which is in force immediately before the commencement of this Act, shall, unless a contrary intention appears, remain in force, so far as it is not inconsistent with this Act, until it is revoked by regulations made under this Act and until that revocation, shall be deemed to have been made under this Act.

(3)

Without prejudice to the general effect of the Interpretation Act-

(a)

any agreement, decision or award made under the repealed Act, and in force immediately before the commencement of this Act shall continue to have effect as if made under this Act;

(b)

any directions, appointments and other acts lawfully done under the repealed Act and in force immediately before the commencement of this Act shall, continue to have effect as if made under this Act;

(c)

any proceedings pending or commenced before the Industrial Court immediately before the commencement of this Act shall not be affected by the commencement of this Act.

Schedule 1 (Sections 2 , 43(1) )

Currency point A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Sections 33 , 36 , 43(2) )

Essential services

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Repeal of Cap 224 and savings”.

“(1) The Trade Disputes (Arbitration and Settlement) Act is repealed.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) The Trade Disputes (Arbitration and Settlement) Act is repealed.
(2) A statutory instrument made under the Trade Disputes (Arbitration and Settlement) Act repealed by subsection (1), and which is in force immediately before the commencement of this Act, shall, unless a contrary intention appears, remain in force, so far as it is not inconsistent with this Act, until it is revoked by regulations made under this Act and until that revocation, shall be deemed to have been made under this Act.
(3) Without prejudice to the general effect of the Interpretation Act-
(a) any agreement, decision or award made under the repealed Act, and in force immediately before the commencement of this Act shall continue to have effect as if made under this Act;
(b) any directions, appointments and other acts lawfully done under the repealed Act and in force immediately before the commencement of this Act shall, continue to have effect as if made under this Act;
(c) any proceedings pending or commenced before the Industrial Court immediately before the commencement of this Act shall not be affected by the commencement of this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 2 · Interpretation Section 43 · Minister's power to amend Schedules Section 33 · Essential services Section 36 · Designation of essential services Interpretation Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Water services

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Electricity services

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Health services

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Sanitary services

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Hospital services

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Fire services

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Prisons services

The text of this section isn't in the consolidation we hold — see the original PDF above.

8. Air traffic control services

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Civil aviation services

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. Telecommunication services

The text of this section isn't in the consolidation we hold — see the original PDF above.

11. Ambulance services

The text of this section isn't in the consolidation we hold — see the original PDF above.

12. Transport services necessary for the operation of any of the services specified

in this Schedule

13. Central and local government Police services

The text of this section isn't in the consolidation we hold — see the original PDF above.

About this Act

Full text of the Act

Part I

1. Commencement Judicial treatment · 1 case

2. Interpretation Judicial treatment · 5 cases

Part II

3. Labour disputes to be referred to Labour Officer Judicial treatment · 6 cases

4. Labour Officer to react to report of labour dispute within two weeks Judicial treatment · 6 cases

5. When Labour Officer may refer dispute to Industrial Court Judicial treatment · 12 cases

6. Reference to conciliation and arbitration agreement Judicial treatment · 3 cases

7. Establishment of the Industrial Court Judicial treatment · 7 cases

8. Functions of the Industrial Court Judicial treatment · 10 cases

9. Arbitration and Conciliation Act, not to apply Judicial treatment · 1 case

10. Composition, appointment and tenure of members of the Industrial Court Judicial treatment · 2 cases

11. Minister may consider nominations by employees and employers Judicial treatment · 0 cases

12. Registrar of the Industrial Court and support staff Judicial treatment · 1 case

13. Decisions of the Industrial Court Judicial treatment · 2 cases

14. Awards of the Industrial Court Judicial treatment · 1 case

15. Awards to be submitted to Minister Judicial treatment · 0 cases

16. Enforcement of awards or decisions of the Industrial Court Judicial treatment · 0 cases

17. Interpretation and review of awards Judicial treatment · 8 cases

18. Industrial Court not to be bound by rules of evidence Judicial treatment · 7 cases

19. Restriction on publication of evidence Judicial treatment · 9 cases

20. Legal representation in the Industrial Court Judicial treatment · 1 case

21. Sittings of the Industrial Court may be public or in private Judicial treatment · 0 cases

22. Appeals from the Industrial Court Judicial treatment · 6 cases

23. Party to a recognition or procedural agreement may initiate discussion Judicial treatment · 1 case

24. Powers of a Labour Officer Judicial treatment · 1 case

25. Appointment of and reference to board of inquiry Judicial treatment · 0 cases

26. Report of board of inquiry Judicial treatment · 0 cases

27. Parties' refusal to comply with recommendations of the report Judicial treatment · 0 cases

28. Unlawful industrial action Judicial treatment · 0 cases

29. Unlawful organisation of industrial action Judicial treatment · 1 case

30. Employee's right to participate in industrial action Judicial treatment · 0 cases

31. Picketing Judicial treatment · 0 cases

32. Acts of intimidation or annoyance Judicial treatment · 0 cases

Part III

33. Essential services Judicial treatment · 0 cases

34. Lawful industrial action in essential services Judicial treatment · 0 cases

35. Information about essential services Judicial treatment · 0 cases

36. Designation of essential services Judicial treatment · 0 cases

37. Prosecutions Judicial treatment · 0 cases

Part IV

38. Collective agreement to be registered Judicial treatment · 0 cases

39. Terms of collective agreement to be part of contract of employment Judicial treatment · 0 cases

Part V

40. Rules of procedure for Industrial Court Judicial treatment · 3 cases

41. Remuneration, allowances and other expenses Judicial treatment · 0 cases

42. Regulations Judicial treatment · 0 cases

43. Minister's power to amend Schedules Judicial treatment · 0 cases

44. Repeal of Cap 224 and savings Judicial treatment · 0 cases

1. Water services

2. Electricity services

3. Health services

4. Sanitary services

5. Hospital services

6. Fire services

7. Prisons services

8. Air traffic control services

9. Civil aviation services

10. Telecommunication services

11. Ambulance services

12. Transport services necessary for the operation of any of the services specified

13. Central and local government Police services

Commencement

Interpretation

Labour disputes to be referred to Labour Officer

Labour Officer to react to report of labour dispute within two weeks

When Labour Officer may refer dispute to Industrial Court

Reference to conciliation and arbitration agreement

Establishment of the Industrial Court

Functions of the Industrial Court

Arbitration and Conciliation Act, not to apply

Composition, appointment and tenure of members of the Industrial Court

Minister may consider nominations by employees and employers

Registrar of the Industrial Court and support staff

Decisions of the Industrial Court

Awards of the Industrial Court

Awards to be submitted to Minister

Enforcement of awards or decisions of the Industrial Court

Interpretation and review of awards

Industrial Court not to be bound by rules of evidence

Restriction on publication of evidence

Legal representation in the Industrial Court

Sittings of the Industrial Court may be public or in private

Appeals from the Industrial Court

Party to a recognition or procedural agreement may initiate discussion

Powers of a Labour Officer

Appointment of and reference to board of inquiry

Report of board of inquiry

Parties' refusal to comply with recommendations of the report

Unlawful industrial action

Unlawful organisation of industrial action

Employee's right to participate in industrial action

Picketing

Acts of intimidation or annoyance

Essential services

Lawful industrial action in essential services

Information about essential services

Designation of essential services

Prosecutions

Collective agreement to be registered

Terms of collective agreement to be part of contract of employment

Rules of procedure for Industrial Court

Remuneration, allowances and other expenses

Regulations

Minister's power to amend Schedules

Repeal of Cap 224 and savings