Browsing by Author "Comrade Nuwandinda"

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    An Evaluation of the Implementation of a Right to Fair Hearing in the Settlement of Labour Disputes in Uganda: A Case Study of Proceedings in the Industrial Court of Uganda and Proceedings Before Employment Disciplinary Panels
    (Uganda Christian University, 2024-05-13) Comrade Nuwandinda
    A right to a fair has existed ever since the time of creation. Even in the Bible, God accorded man an opportunity to be heard before expelling him from the Garden of Eden. Therefore, this study aimed at examining the implementation of the right to a fair hearing in the settlement of labour disputes by the various legal forums of settling labour disputes. The specific objectives included; to examine how the right to a fair hearing has been implemented in the settlement of labour disputes by the various legal forums and to suggest appropriate measures or best practices suitable for the implementation of the right to a fair hearing in the settlement of labour disputes by the various legal forums where need be. The researcher used the qualitative research methodology together with its designs, techniques and methods. This is because the qualitative research methodology together with its designs is good for a subjective inquiry into concepts under study. This therefore enabled the researcher to subjectively examine the implementation of the right to a fair hearing in the settlement of labour disputes in Uganda. The results revealed that in spite of the fact that the employment law requirement mandating employers to give the employees a right to be heard need not be done formerly whereby employers are only required to investigate employee conduct or inability to perform as part of the process and to allow employees to be heard. The results further indicated that most employers and supervisors are mandated to carry out performance evaluations and assessments in form of appraisals of their employees and supervisees. These are built on the principal of performance measurement through efficient use of resources in accordance with the set-up procedures and guidelines. The study concludes that the researcher takes note of the fact that a large number of the difficulties faced by the employees in trying to access a fair hearing are issues which for since quite a while ago reoccurred and the concerned parties in this case the supervisors, employers and the courts of law have basically not done enough to address or even focus on taking care of such issues. The study recommends that that the uniform standard should be fixed by amending the Employment Act, 2006 and in addition, that the Courts should also be specific on the standard to be reached at different levels of labour dispute resolution in order to solve the existing confusion.