Topic: Leave to Appeal, Grounds of Appeal in Labour Disputes
Date of Judgment: 21 June 2024
Case Number/Citation: Labour Dispute Miscellaneous Application 9 of 2023, 2024 UGIC 6
Court: Industrial Court of Uganda at Mbale
Judge: Hon. Justice Linda Lillian Tumusiime Mugisha, Ag. Head Judge
Panelists:
Hon. Charles Wacha Angulo
Hon. Rose Gidongo
Hon. Harriet Mugambwa Nganzi
SummaryFacts of the Case
The Respondent, Mutinyu Moses, filed a labour complaint against Star DTU (U) Company Limited for unfair termination and non-payment of salary.
The Senior Labour Officer of Mbale City issued an award in favour of the respondent, granting UGX 36,686,080. This amount included payment in lieu of notice, failure to give a hearing, general damages, compensatory pay, salary arrears, NSSF contributions, severance pay, claims for overtime, and leave balance.
The Applicant, dissatisfied with the decision, sought leave to appeal to the Industrial Court on questions of mixed law and facts.
Legal Issues Before the Court
Whether the Application satisfies the requirements set out in Section 94(2) of the Employment Act, 2006, and Rule 24 of the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2012.
The Decision of the Court
The Court examined whether the grounds of appeal presented by the Applicant involved questions of law or mixed…
Despite NGO claiming its landlord had attempted to evict it and was in the process of selling the land before Appeal, Judge opts for formal court process of execution.
