Jurisdiction

Former Employees of G4S Security Services v G4S Security Services Ltd (CIVIL APPEAL NO.18 OF 2010) [2012] UGSC 6 (3 July 2012);

Flynote: 

Search Summary: 

The appellants brought a complaint to the labor officer against the
respondent and sought payments for long service and other leave payments.
The labor officer found for the appellants and the respondent dissatisfied
with the awards filed a notice of appeal and an application for stay. The
respondents successfully applied to High court for execution of orders of the
labor officer and the respondent also successfully applied to the Court of
Appeal which overturned the orders of the High Court hence this appeal.

Headnote and Holding: 

The court observed that the High Court had unlimited jurisdiction but the way
the matter was brought before the court was improper and prudence
required the Court to inquire into the circumstances under which the award
was made before granting it.
The court also observed that that it was erroneous for the learned Judge to
order execution of the award issued by the Labour Officer when she was well
aware that the respondents had applied for a stay of execution of this award
and that they also intended to appeal the award but were not able to proceed
because the Industrial Court had not yet been set up by the Government and
that execution of the award against the respondents would have in effect
concluded the matter in respect of the two claims which were the subject of
the Labour Officer's award.
The appeal was dismissed but the court observed that it would act as a bar to
fresh suit to determine the rights of the parties.

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