Africa-Press – Uganda. The Industrial Court has declared the ongoing strike by the teaching staff at Makerere University illegal, saying that they did not comply with the set legal procedures of notifying their employer of their intended industrial action.
According to the ruling by the Kampala Capital City Authority (KCCA), Kawempe Division Labour Officer, Ms Ruth Kulabako, the instituted disciplinary proceedings by the respondent (Makerere) against the complainants is justified and claims of discrimination lack merit.
“Pursuant to Section 4 (d) of the Labour Disputes (Arbitration and Settlement) Act 2006, I accordingly reject the complaint against the respondent (Makerere University) for violation of the claimant’s rights. In the same way, I find no merit in the complaint of the claimants that disciplinary proceedings instituted by the respondent are unlawful,” she held.
Ms Kulabako further ruled that Makerere University Council, the employer of the complainants has never received or been served with a formal notification of an intended industrial action which would include details of a breach by the employer of an employment terms in the employment contract and a demand to rectify within a time stipulated under the law.
“The alleged industrial action was therefore not in accordance with the set down procedures. Your assumption of powers to issue injunctions is misplaced,” she held.
Last week, the industrial court ordered Makerere University management to halt the planned disciplinary threats against striking staff following a complaint from the teaching staff alleging infringement of various sections of the Employment Act by the University management.
Ms Kulabako asked the university secretary, Mr Kiranda Yusuf, to respond to the allegations within two weeks and also asked them to halt any disciplinary action intended on their staff.
The staff including; Dr Deus Kamunyu, Robert Kakuru, and Joshua Kidaaga (all elected workers’ representatives) through their lawyers on February 15 petitioned the Labour Office to protest threats from the university management.
“In pursuant to section 12(1) and 93(1) of the Employment Act, our clients hereby lodge a complaint against Makerere University in breach of section 75 (e) and 76 of the Employment Act. The employer threatens and intends to effect disciplinary action and other forms of occupational detriment against the three complaints in retaliation for the trio’s activities as workers’ representatives concerning an ongoing industrial action that is lawful,” Mr Isaac Ssemakadde, the staff’s lawyer said.
All academic staff in all public universities across the country declared a nationwide sit-down strike under their umbrella group, The Forum for Academic Staff in Uganda (FASPU) on February 6 over their salary enhancement money amounting to Shs129b promised by the government.
Following the court ruling, Mr Kamunyu asked the staff to remain calm as they await guidance from their lawyers. [email protected]
