Uganda Christian University School of Law Labour Law 1 Course

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1 Uganda Christian University School of Law Labour Law 1 Course

1.1 Books and other Sources

1.2 Uganda Christian University Bachelor of Laws Courses For Year 1

1.3 Uganda Christian University Bachelor of Laws Courses For Year 2

1.4 Uganda Christian University Bachelor of Laws Courses For Year 3

1.5 Uganda Christian University Bachelor of Laws Courses For Year 4

1.6 [button link=”https://ugfacts.net/list-law-schools-uganda/” bg_color=”red”]List of Law Schools in Uganda[/button]

Uganda Christian University School of Law Labour Law 1 Course

UGANDA CHRISTIAN UNIVERSITY

FACULTY OF LAW

COURSE DESCRIPTION:

The course covers the following major topics:

Historical foundations of Labour and Trade Union Laws,
Contemporary Labour Union Laws, and
Employment Contracts.

The course content is divided into two major parts, namely: The History of Trade Unions Law and Contemporary Labour Unions Law and Employment Law.

COURSE OBJECTIVES:

At the end of this study, students should be able to:

Have a fair understanding of the historical foundations of the different aspects of labour law,
Discuss emerging trends, challenges, and also propose solutions to labour unions-related matters, and
Understand and identify:
the formalities of employment contracts,
the rights, duties and remedies available to parties under a contract of employment, and
Labour Unionism and related issues.

CONTACT HOURS AND COURSE DELIVERY

Lectures for this course-unit will be conducted twice a week, one two-hour class for History and Labour Unions Law and another class for Employment law, supported by a two-hour tutorial class.

The total contact hours for the course will be six hours per week. Each student is required to attend 90% of all the classes throughout the semester to qualify to sit the end of semester exam.

Classes will employ various methods of instruction, from discussions, to assigned readings, lectures, individual research, student presentations among others.

The course is informed by biblical concepts of labour justice and equity.

COURSEWORK AND EXAMINATION:

There shall be a course-work assignment during the semester worth 30% of the total examination mark. At the end of the semester, students shall sit an examination worth 70% of the total mark.

PRIMARY READING MATERIALS

(Please note that the following reading list is not in any way exhaustive of the sources and materials for Labour Law. Other materials may be referred to in the course of study and students are also encouraged to do further reading on their own).

Books and other Sources

Aaron, B. et al (1972):- Industrial Conflict; A Comprehensive Legal Survey, London
Angeret, S: – Trade Union Law in Uganda, 1998; Principles and Cases on the Termination of the Contract of Employment, 1998;
Barya, B.J.J: – Law, State and Working Class Organisation in Uganda 1962-1987, PhD Dissertation, Warwick. 1990; Workers and the Law in Uganda, CBR Working Paper No. 17, 1991; Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001; A Comparative Analysis of Labour Law Decisions in Uganda’s Judicial System (1985-2002), ILO-SLARE (Strengthening Labour Relations in East Africa) Report, 2002; 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4
Drake, C. D. (1973):- Labour Law. Concise College Texts, Sweet & Maxwell London.
Kahn-Freund, O.:- (1977) Labour and the Law, 2^nd Edition, Stevens & Sons, London.
Nyalali, F. L.:- (1975) Aspects of Industrial Conflicts, East African Literature Bureau, Kampala.
Rideout, R.W.:- (1989) Rideout’s Principles of Labour Law, 5^th edition, Sweet & Maxwell London.
Scott, R:- The Development of Trade Unions in Uganda, 1966, EAPH, Nairobi
Shivji, I.G:- Law, State and the Working Class in Tanzania, 1986, James Currey, London; TPH, Dar-es-Salaam; Heinemann, Portsmouth, N.Y.
Slade E (Ed):- (2007) Tolley’s employment Handbook, 21^st Edn, Butterworths, London
Selwyn, N. M.:- (2006) Selwyn’s Law of Employment, 14^th Edn, Oxford University Press, NY.
Wedderburn, K.W.:- The Worker and the Law 1971, 1987 Penguin,London and 1986, 3^rd Edition; (1967) Cases and Materials on Labour Law, Cambridge University Press, London

Statutes, Statutory Instruments and other Sources of Law

The Constitution of the Republic of Uganda 1967 and 1995
The Labour Unions Act, 2006, Act No. 7 of 2006
The Labour Unions Regulations (SI 36/2006)
The Minimum Wages Advisory Boards and Wages Councils Act, Cap 221
The Employment Act, 2006, Act No. 6/2006
The Employment Regulations (SI 33/2006)
The International Labour Organization (ILO) Conventions and Recommendations (ilo.org

PART A WEEKLY SCHEDULE

Week 1: Course Introduction

Description: Introduce the course instructors, explain the course syllabus, and discuss students’ and instructors’ expectations

Weeks 2 – 4: Historical Introduction

Description: This section deals with the historical origin of the various aspects of Labour Law, especially 19^th century Britain.

Reading Materials

Barya B.J.J (1990) Caps II-V

Scott R.
Shivji I.G.
K.W.

Session 1: Influences of Modern Labour Law

Session 2: The British Roots of Labour Law: The Combination statutes

Reading Materials:

R v Mawbey (1796)6 T.R. 619

Session 3: Repeal of Combination statutes

Reading Materials:

Walsby v Anley (1861)3 E & E 516

R v Duffield (1851)5 Cox 404

Session 4: Common Law – Civil Status of Trade Unions

Reading Materials:

Hornby v Close (1867) L.R. 2Q.R. 153

R v Bunn (1872)12 Cox 316

Curran v Treleaven [1891]2 Q.B 545

Lyons v Wilkins [1899]1 Ch. 255, [1896]1 Ch. 811

Quinn v Leathem [1901] A.C. 495

Session 5: Liability of Trade Unions as Organisations

Reading Materials:

Taffvale Railway Co. v Amalgamated Society of Railway Servants [1901] A.C. 426

Session 6: Political Activity by Trade Unions

Reading Materials:

Steele v South Wales Miners Federation [1907]1 KB 361
Amalgamated Society of Railway Servants v Osborne [1910] A.C. 87

Weeks 5 – 6: The History of Trade Union Law in Uganda

Description: This section traces the history of trade union law in Uganda through the colonial and post-colonial period up the present day.

Reading Materials

Angeret, Trade Union Law in Uganda, 1998
Barya B.J.J., Law, State and Working Class Organisation in Uganda 1962-1987, PhD Dissertation, Warwick. 1990
Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Session 1: Development of Wage Labour in Uganda

Reading Materials:

Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991

Session 2: The first trade union laws in Uganda

Reading Materials:

The 1937 Trade Union Ordinance
1943 Trade Unions and Trade Disputes Ordinance
1952 Trade Unions Ordinance
Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991

Session 3: Postcolonial Trade union Law Developments

Reading Materials:

Public Service (Negotiating Machinery) Act No. 78 of 1963
Trade Unions Act No.11 of 1965
Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Session 4: The 1970 Trade Unions Act

Reading Materials:

The Trade Unions Act No. 40 of 1970
The Common Man’s Charter
The Nakivubo Pronouncement
Communication from the Chair
The Trade Union Act Amendment Decree No. 10 of 1971
The Trade Union Act Amendment Decree No. 29 of 1973
The Trade Union Decree No. 20 of 1976
The Trade Union Laws (Miscellaneous Amendment) Statute No. 10 of 1993
Barya B.J.J., Workers and the Law in Uganda, CBR Working Paper No. 17, 1991
Barya B.J.J., Trade Unions and the Struggle for Associational Space in Uganda: The 1993 Trade Union Law and Article 40 of the Constitution, CBR Working Paper No. 63, 2001

Weeks 7 – 10: Contemporary Labour Unions Law in Uganda

Description: This section looks at the key aspects of the current labour unions law in Uganda.

Reading Materials

Constitution of Uganda, 1995, Article 29 and 40
The Labour Unions Act No.7/2006
The Trade Union Regulations
Labour Disputes (Arbitration & settlement) Act, 2006
ILO Conventions No. 87, 98, 135, 141, 151, 154
ILO Recommendations No. 143, 149, 159
ILO: Freedom of Association and Collective Bargaining, 1994
Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 1: International Protection of Labour Unions: ILO Conventions No. 87 and 98

Reading Materials:

ILO Convention No. 87
ILO Conventions No. 98
International Covenant on Economic Social and Cultural Rights,
Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 2: Freedom of Association under Current National Laws

Reading Materials:

The 1995 Constitution, Articles 29 (1) (e) and 40 (3)

2006 Labour Unions Act

Labour Disputes (Arbitration and Settlement) Act 2006

Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act No. 10 of 2008

Dr. S. Lyomoki & Ors V. the Attorney General, Constitutional Petition No. 8/2004

Ateker Ejalu v. Uganda Railways Workers Union and Uganda Railways Corporation; Civil Appeal No. 8 of 1985; [1994] KALR 51.

Omara Okot Yokana Daudi v. NOTU & Suplisius Okolimong, HCCS No. 728/1985

Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 3: Management of Unions

Reading Materials:

2006 Labour Unions Act

Trade Unions Regulations, Statutory Instrument No 223/1

Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 4: Public Service Unions

Reading Materials:

2006 Labour Unions Act

Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act No. 10 of 2008

Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 5: Collective Bargaining

Reading Materials:

The 1995 Constitution, Article 40 (3)

ILO Convention No. 98

2006 Labour Unions Act

Labour Disputes (Arbitration and Settlement) Act

Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

Session 6: Nature of Labour Unions in Uganda today.

Reading Materials:

Barya B.J.J., 2007: Freedom of Association and Uganda’s New Labour Laws: A Critical Analysis of Workers Organisational Rights, HURIPEC Working Paper No. 4

PART B WEEKLY SCHEDULE

Week 1: Introduction to the Employment Contract

Description: A general introduction to the idea of employment contracts.

Reading List:

The Employment Act, No. 6/2006
The Employment Regulations
The Labour Disputes (Arbitration & Settlement) Act No. 8/2006
Angeret S., (1998) Principles and Cases on the termination of the contract of Employment
Barya B. J.J, (1991)Workers & the Law in Uganda, CBR Working Paper No. 17
Selwyn, Caps 2, 8-10
K.W. (I) Caps 2 and 3 (II) Caps 1 and 2
Drake, Caps 1-4
Rideout, Caps 1 – 9

Week 2-3: Contracts of service

Description: Learning how to differentiate a contract of service from a contract for services.

Reading List:

Section 2, Employment Act
Market Investigations Ltd v Minister of Social Security [1969]2 WLR 1/(1969)2 QB 173
Davis v Presbyterian Church (1986) 1 WLR 323
Yewens v Noakes (1880)6 QBD 530
Rocks v Kelly
Mersey Docks and Habour Board v Coggins and Griffiths (1947) AC 1
Nicholas v FJ Sparke and Sons91945) KB 309
Honey Will and Stein Ltd v Larkin Brothers Ltd (1934) KL 191
Performing Rights Society Ltd v Mitchell and Booker [1924]1 KB 762
Morren v Swinton & Pendlebury (1965) 1 WLR 576
Gold v Essex County (1942) 2 KB 293
Cassidy v Ministry of Health (1951)2 KB 343
Argent v Minister of Social Security and anor (1968) 1 WLR 1749
WHPT Housing Association Ltd v Sec of State for Social Services (1981) 1 CR 737
Stevenson, Johnson and Harrison Ltd v McDonald & Evans [1952]1 T.L.R 101
Lee Ming in re Sunday Tribune Ltd (1984) 1 WLR 505
Ready Mixed Concrete(South East) Ltd v Minister of Pensions [1968]2 QB
Massey v Crown Life Insurance Ltd [1978] 1 WLR 676
Warner Holidays Ltd v Sec of State for Social Services (1953)1 CR 440
Young and Woods v West (1980) 1 WLR 201
McDermott v Loy
Coincidedeal Bhain v Mooney (1990) WLR 422
Bank Voor Handel en Scheepvaart NV v Slatford [1953]1 QB248

Week 4: Express Terms

Description: Both the employer and the employee in their written agreement of employment outline the terms and conditions of the contract. How these are interpreted and the requirement at law for specific terms to be made express is considered in this session.

Reading List:

Section 59, Employment Act

Systems Floors (UK) Ltd v Daniel (1982) 1 CR 54

Week 5: Terms implied by common law

Description: Besides express terms of employment contracts, some terms are implied by common law. These shall be considered in this session.

Reading List:

Skiilaw v Southern Foundries (1926) Ltd [1939]2 KB 206
P Refinery (Western Port) Pty Ltd v Shire of Hastings (1978) 52 A.J. LR 20
Devonald v Rosser & Sons [1906] 2 KB 728
Meek v Port of London Authority (1918) 1 Ch 415
Orman v Saville Sportswear Ltd [1960] 1 WLR 1055
Reigate v Union Manufacturing Co. Ltd (1916) 1 KB 582
Harley v Pease & Partners Ltd (1915) 1 KB 698
Browning v Crumlin Valley Collieres Ltd (1926) 1 KB 522
Donald v Rosser & Son
Cresswell v Sawdon & Co. (1901) 2 KB 653
Re: Rubel Bronze and Metal Co. (1918)1 KB 315
Turner v Sawdon & Co. (1901) 2 KB 653
Clayton & Walker Ltd v Oliver (1930) AC 209
Manbe v George Edwards (Day’s Theatre) Ltd (1928)1 KB
Harmer v Cornelius (1958) 5 CB (NS) 26
Lister v Romford Ice and Cold Storage Ltd (1957) AC 555
Paris v Stepney Borough Council (1951)AC 367
Ottoman Bank v Chakarian [1930]AC 277
Johnstone v Bloomesbury Health Authority (1991)2 WLR 1362
Cresswell v Board of Inland Revenue (1984) ICR 508
Secretary of State for Employment v ASLEF (1972) 2 QB 455
Hivac Ltd v Park Royal Scientific Inst)ruments Ltd [1946] Ch 169
Sybron Coorporation v Rochem (1984)1 Ch 112 / (1983) IRLR 253
Bell v Lever Bros [1932] AC 161
Reading v AG [1951] AC 507
Marshall v Industrial System and Control Ltd (1992) 1 WLR 294
Wessex Diaries Ltd v Smith (1935)2 KB 80
Swain v West (Butchers) Ltd[1936] 3 ALL ER 261
Robb v Green [1895]2 QB 315
Turner v Vivian (1873) 37 J.P. 228
National Trading Co-op v Kityo

Week 6: Other terms

Description: Some terms of employment contracts are not express nor implied at common law, but implied by various laws. These shall be looked at in this session.

Reading List: