[2015] UGHCCD 92

[2015] UGHCCD 92

The High Court's unlimited original jurisdiction under the Constitution is not ousted by Section 93 of the Employment Act or any subordinate legislation. However, for efficient administration of justice and in line with legislative intent, employment disputes should first be handled by the Labour Officer and the Industrial Court, which are now functional. The respondent was not prejudiced by late service of the application, as she filed a reply. Accordingly, the matter is referred to the Kampala District Labour Officer for appropriate handling, and each party shall bear its own costs.

Citation
[2015] UGHCCD 92
Parties
Applicant: Uganda Broadcasting Corporation; Respondent: Ruthura Agaba Kamukama
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
24 August 2015
Case Number
Misc. Application No. 638 of 2014
Procedural Posture
Miscellaneous Application / Ruling
Outcome
claim referred to labour officer
Legal Topics
Jurisdiction of High Court, Employment Disputes, Referral to Labour Officer, Service of Process, Remedies Under Employment Act
Source Language
English
Employment and Labour Civil Procedure Jurisdiction of High Court Employment Disputes Referral to Labour Officer Service of Process Remedies Under Employment Act

Case Brief

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Parties

Uganda Broadcasting Corporation

Applicant

Ruthura Agaba Kamukama

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain employment disputes under the Employment Act.
  2. 2 Whether the respondent's claim should be struck out for lack of jurisdiction.
  3. 3 Whether late service of the application prejudiced the respondent.

Ratio Decidendi

The High Court's unlimited original jurisdiction under the Constitution is not ousted by Section 93 of the Employment Act or any subordinate legislation. However, for efficient administration of justice and in line with legislative intent, employment disputes should first be handled by the Labour Officer and the Industrial Court, which are now functional. The respondent was not prejudiced by late service of the application, as she filed a reply. Accordingly, the matter is referred to the Kampala District Labour Officer for appropriate handling, and each party shall bear its own costs.

Court Disposition

claim referred to labour officer

Orders

  • The respondent's claim is referred to the Kampala District Labour Officer for redress.
  • Each party shall meet its own costs.