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BISHOP STUART UNIVERSITY
FACULTY : LAW
COURSEUNIT : LABOUR LAW II
LECTURER : COUNSEL
NOWANGYE JACENTER
GROUP MEMBERS
1. ARUHO HERBERT
21/BSU/LLB/
2. NAKALEMA OLIVA
22/BSU/LLB/
3. AKAMBAHO MILTON
21/BSU/LLB/
4. TWESIGYE ANDREW
21/BSU/LLB/
QUESTION : WITH
THE HELP OF STATUTORY LAW AND
DECIDED CASES, EXAMINE THE RIGHTS
AND IMMUNITIES OF A REGISTERED
ORGANISATION IN LABOUR RELATIONS
Section 2 of the labor union Act 2006 defines a registered organization to mean a federation of labour union as the registrar may certify in the Gazette; or a labor union which is registered under this Act. In Uganda , registered organizations under the labor relations are governed by the constitution, employment act, labor union act, the occupation hazards and Health Safety Act and labor dispute (Arbitrations and settlement )Act. Labor relations is defined as the relationship between various labor representatives and management. Labour relations significantly promote collective bargaining and regulate trade unions’ rights over organizations and industries. The employer –employee relationship is one of the distinct characteristics of labor relations. It follows from the above that one of the objectives of trade unions is advocating for the rights of employees.
1. Freedom of Association and Trade Union Rights The main basis of rights of workers to associate is secured in Uganda’s 1995 constitution. Article 29(1e) 1 provides for the right to association which shall include freedom to form and join associations or unions including trade unions. This right is further emphasized in details in Art.40 (3)^2 that provides that every worker has a right to ; a) form or join a trade union of his or her own choice for the promotion and protection of his or her economic and social interest b) collective bargaining and representation, and c) withdraw his or her labour according to the law. Three rights are emphasized here; forming a union, joining it for collective bargaining and representation and the right to strike. This is what constitutes the right to freedom of association of workers. Secondly, Uganda has ratified the relevant freedom of association International Labour Organization conventions namely convention 87 (freedom of association and protection of the Right to organize Conventions
- and Convention No. 98 (Right to organize and collective bargaining Convention 1949). Both conventions have been ratified by Uganda. Convention 98 was ratified in 1963 while convention 87 was ratified only recently in 2005. Under Convention 87, freedom of association is guaranteed for both workers and employers to establish or join organization of their own choice without previous authorization. (^1) 29(1e) of the 1995 constitution of Uganda (^2) Art.40 (3) of the 1995 constitution of Uganda
Section 4 of the Act^4 provides for protection against employers from interfering with Union organization. Under this section, an employer shall not, a) Interfere with, restrain or coerce, an employee in the exercise of his or her rights under the Act b) Interfere with the formation of a labour union or with the administration of a registered union c) Discriminate in regard to hire, tenure or any term of the condition of employment in order to discourage membership in a labour union. d) Discharge an employee on account of his lawful involvement or proposed lawful involvement in activities of a labour union including his lawful involvement in industrial action or strike e) Prevent or hinder any labour union official from having access to his or her employee or employee’s representatives or otherwise omit to accord any labour union official facilities to enable him or her discharge their responsibilities promptly and effectively. Contravening the above provisions is an offence on part of the employer under Section.4. Unlike the repealed Trade Unions Act, two provisions were added, i.e. i) The right to be involved in any lawful industrial action without hindrance ii) The right of access of union officials to employees or their representatives (shop stewards) in a work place. Under Section 9, unions are free to affiliate to national and international federation of labour unions. II) Voluntary establishment and joining of Unions. The formal requirements for registration are formal and there are even no minimum number required before registration. The formal requirements are provided for under section 15 include; a) Name, title, office and postal address of the union b) The titles, names, ages, addresses and occupations of its officers, and c) A revenue stamp of the prescribed amount. III) The rights and immunities of a registered Union are provided for under the Act. a) The right to sue and be sued. Under section 24(1a^5 ) a union may sue or be sued under its registered names b) The right to compulsory recognition. Under section 24(1d) every employer is bound to recognize for purposes of collective bargaining and in relation to all matters affecting the relationship between the employer and his employee, any registered labour union to which any of his or her employees have previously subscribed their membership where the employees fall within the scope of the membership of the labour union. In other (^4) Section 4 of labour union Act 2006 (^5) 24(1a) labour union Act 2006
words, there are no minimum numbers for the purposes of compulsory recognition as under the old law where 51% membership was required. c) The Act further provides that every employer is bound to recognize any registered organization and the registered organization representing employees in question and shall bargain in good faith under Section 24(2). d) The right to strike is guaranteed under section 2 (d) and it is lawful to take part in a strike or to act ‘in contemplation or furtherance of an industrial action in connection with a labour dispute. Picketing for the purposes of industrial action and a strike within certain limits can take place in essential services without a certificate of the minister under the labour dispute (arbitration and settlement) Act sections 28 to 32. e) The unions are free to elect their leader, hold general meetings, obtain funds without ministerial approval and generally run their affairs. The only powers retained by the Registrar is to approve a list of auditors to be used by the union under section 47(2), power to inspect books of accounts or to call for detailed accounts under section 51 to 53 and to interdict officers for misappropriation or mismanagement of funds or persistent failure to comply with directions properly given by the registrar under section 23. However, the exercise of these powers is reviewable by the industrial court. In short, the autonomous administration of unions and their activities has been guaranteed. f) The right to federate and affiliate under section 9 Immunities. - There a series of immunities and privileges embedded in the Act. i) Under section 24(1b) no suit or other legal proceedings shall be brought in a civil court against a registered organization or officers or members in respect of any act done in contemplation or furtherance of a dispute concerning a registered organization to which the registered organization is a party, only on the ground that such act induces some other person to break the contract of employment, or that it is in interference with the rights of some other person to dispose of his capital or labour as he wishes. ii) Immunity against tort - Section 24(1c) a suit against a registered organization or any of its members of the registered organization on behalf of themselves and all other members of a registered organization in respect of any tortuous act alleged to have been committed by or on behalf of the registered organization shall not be entertained by any court of law. In the case of P Mukundan and others v. Mohan Kandy Pavithran 1992 Kerala 6 , the issue was whether a tortuous suit was maintainable against a union. It was held by the Court of Appeal that section 19(1) (b) of the Trade union Decree (now s. 24 1c) bars any suit against a registered Trade Union in respect of any tortuous act committed by it or on its behalf. Secondly, that a trade union may be held liable where it acted outside its scope as a Trade Union but here the letter was written for security of the officials of the union and since protecting the lives of union officials is a legitimate function of a trade union, the union acted within its scope. Thirdly that the union was registered and was therefore a separate legal entity from the second respondent which could not be vicariously liable for the formers action. (^6) Ateker Ejalu vs. Uganda Railways Workers Union & Railway Corporation (1994) 1 KALR 51
arbitrary action. Be as it may, these privileges and immunities are not absolute and come with certain set exceptions. Thus trade unions must use these in times in need. BIBIOGRAPHY
1.INTERNATIONAL LABOUR ORGANIZATION
2.THE LABOUR UNIONS ACT, 2006
3.PRIVATE SECTOR TRADE DISPUTE
SETTLEMENT PROCESSES
4.THE OCCUPATIONAL SAFETY
5.HEALTH ACT 2006
CASES
1. P Mukundan and others v. Mohan Kandy
Pavithran 1992 Kerala
2. Omara Okot Yokana Daudi vs. NOTU &
Suplisiusn Okolmong H.C.C.S. No.728B/
3. Quinn vs. Leathem [1901] AC 495 H.L
