A comprehensive analysis of Uganda’s labour dispute resolution legal framework: a case study of Kampala District

Abstract

Labor disputes in Uganda remain a critical issue, affecting both workers' rights and industrial relations. This study critically examines Uganda's labor dispute resolution mechanisms, focusing on their effectiveness particularly in Kampala District. Conflicts between workers and employees are inevitable in any employment relationship, and Uganda's current legal and institutional frameworks face significant challenges in providing timely, fair, and effective resolutions to these disputes. Despite existing mechanisms such as the Industrial Court, labor officers, and the recently established Public Service Tribunal, issues such as inefficiencies, lack of awareness, inadequate funding, and procedural delays hinder swift resolution of labor disputes, impacting industrial harmony and economic stability. The study employs a mixed-methods approach, utilizing both primary data collected through semi-structured interviews with key stakeholders, and secondary data from relevant documents, reports, and literature. The study finds that Uganda's labor dispute resolution mechanisms are constrained by several factors, including jurisdictional limitations, a backlog of cases at the Industrial Court, inadequate supervision and training of labor officers, insufficient funding, and structural challenges within the Ministry of Gender, Labour, and Social Development (MGLSD). These issues prevent many workers, especially those in remote areas or the informal sector, from accessing justice. Furthermore, the existing legal framework lacks the flexibility to incorporate alternative dispute resolution (ADR) methods like mediation and arbitration, which could potentially provide more efficient and accessible avenues for resolving disputes. The study concludes that the current labor dispute resolution legal framework in Uganda indeed needs significant reform to boost its effectiveness, availability, accessibility and fairness. It hereby recommends amending the Labour Disputes (Arbitration and Settlement) Act, Cap. 227 to elevate the role of Alternative Dispute Resolution methods. Additionally, there is a need to decentralize labor offices to increase accessibility and availability, increase funding for labour institutions, put more effort in public awareness and education on labour rights and available labour dispute resolution methods and processes. By adopting the said recommendations, Uganda can create a more solid, reliable and inclusive labour dispute resolution system that ensures fair treatment and justice for all stakeholders.