The Industrial Court

Introduction

The Industrial Court is a specialized Court that is mandated to handle and resolve Labour and Employment disputes between workers and employers. The Court was set up to avoid delays experienced in disposing of Industrial and Employment matters by the other Courts of Judicature.

The Court promotes positive workplace relations and manages workplace conflict by providing a platform for equitable resolution of labor grievances. It is composed of 5 members who are a Chief Judge, a Judge, an Independent Member, a Representative of Employers and a Representative of Employees

Strict rules of evidence do not apply in this court. This is because an employee, who often has little knowledge of the law and in most cases may not afford to hire a lawyer, would be disadvantaged in proving his or her claim or case against an employer.

The Industrial Court accepts cases brought to it as a first-time complaint, as well as appeals. This means that it can decide cases of a labor nature on appeal from decisions made by a labor officer or cases or claims brought to it directly.

Quorum

The Industrial Court is stationed with two (02) judges appointed by The President of the Republic of Uganda on the recommendation of the Judicial Service Commission (JSC). The Chief Judge heads the station and is assisted by a Judge. They are mandated to adjudicate and arbitrate labor matters in the court.

The Industrial Court also has 15 Panelists in total who are forwarded by trade unions such as NOTU, COFTU, and the Federation of Uganda Employers (FUE) and appointed by the Ministry of Gender, Labor, and Social Development (MGLSD). They form part of the quorum to hear a labor dispute at the Industrial Court (one who is neutral, an employer representative, and an employee representative). The Court operates on sessions based on which labor matters are cause-listed for hearing. The quorum in a labor dispute is constituted by five (05) honorable members (02 honorable judges and 03 panelists). During the hearing of a labor dispute, the panel is assisted by court clerks who call the files.

The Court sits in open session on a day-to-day basis, including public holidays (where necessary), and should declare its findings no later than twenty-one (21) days from the date of commencement of the hearing of the labor claim.

Administration of the the Court

The Court administration is headed by the Registrar of the Court. The Registrar is responsible for fixing court hearings and also cause-listing all registered pending cases for the court session. The Registrar has all the supervisory powers over any other staff members at the Court who are appointed by the Public Service.

The court staff report to the Registrar who is their immediate supervisor. The Registrar also executes all other related administrative work and is assisted by the appointed staff. The Registrar also has the powers to execute orders from Labor Officers and the awards of the court, as well as the powers to mediate in the labor matters referred to the court.

How to File a case at the Industrial Court

1. Step 1:

- If you are unhappy about a labor or employment matter, you can complain to the Labour Officer in your district. The labor office is usually located at the district headquarter offices.

2. Step 2:

- a) You make a request to the Labour Officer to help in the dispute to bring about an agreement or repair your relationship with the employer;

- b) The Labour Officer is required to make a decision within 90 days;

- c) If no decision is made in 90 days, you can appeal to the Industrial Court;

- d) The Labour Officer must give reasons for the decision he/she has made;

- e) The Labour Officer must also give reasons for not deciding within 90 days;

- f) You may also ask a Labour Officer to refer your case to the Industrial Court.

3. Step 3:

- a) If the Labour Officer does not send your case to the Industrial Court, you can contact the Industrial Court;

- b) When your case is received by the Industrial Court, the Registrar will notify you and the employer;

- c) Within 7 days of receiving the notice from the Registrar of the Industrial Court, you have to send a statement of claims or an explanation of your case to the Industrial Court and also to your employer;

- d) Your employer is required to reply to your statement of claims within 7 days of receiving it;

- e) You and your employer must send to the Industrial Court six copies of each document that you will use as evidence;

- f) The Registrar will choose a date when the Industrial Court will hear your case and inform you and your employer.

4. Step 4:

- a) You and your employer will be required to promise that you will tell the truth to the Court and you will be asked to place your hand on the book of your faith (Bible/Qur'an);

- b) The Court will hear all the evidence from you and your employer;

- c) The Court will then make a decision or judgment, based on the evidence. The decision or judgment of the Industrial Court is known as an “Award”;

- d) Any person against whom an Award is made must obey it.

- e) If your employer fails to obey the order you should seek further advice from a Legal Aid Provider, Lawyer, or Advocate.