Brief: Opio John Emmanuel v. Teso Cooperative

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Topic: Jurisdiction of the Industrial Court where Labour Dispute is subject to Arbitration.

Date of Judgment: 25 June 2024

Case Number/Citation: Labour Dispute Reference 1 of 2021, 2024 UGIC 7

Court: Industrial Court of Uganda at Mbale

Judge: Hon. Justice Linda Lillian Tumusime Mugisha, Ag. Head Judge

Panelists:

• Hon. Charles Wacha Angulo
• Hon. Harriet Mugambwa Nganzi
• Ms. Rose Gidongo

Summary Facts of the Case

The Claimant, Opio John Emmanuel, was employed by Teso Cooperative Union, the respondent, as its Production and Marketing Officer from 18 August 2019 until his termination on 31 July 2022.

He filed a claim against the respondent for unlawful termination with the Labour Officer who referred the dispute to the Industrial Court.

At a pre-session hearing, the respondent raised a preliminary point of law, arguing that the matter was improperly before the Industrial Court because it should have been referred to arbitration as provided under Section 73 of the Cooperative Societies Act and the Respondent’s byelaws.

Legal Issues Before the Court

• Whether the Industrial Court had jurisdiction to entertain the claim which, according to the respondent, should have been resolved by arbitration.

The Decision of the Court

The Court held that it had no jurisdiction to hear the case, agreeing with the respondent's argument that…