Africa-Press – Uganda. The Appeals Staff Tribunal has ordered Makerere University to pay salary arrears of close to Shs100m to its former director of Legal Affairs for unfairly terminating his contract.
The tribunal, chaired by Justice John Patrick Tabaro, also ordered the institution to reinstate Mr Javason Kamugisha to the position he held at the time of his abrupt dismissal.
“The Tribunal, therefore, finds that the respondent (Makerere University) exercised its discretionary power using a flawed procedure and that the termination of the appellant (Mr Kamugisha), was unfair for failure to comply with the established procedure in the Human Resource Manual,” ruled a five-member Appeals Tribunal yesterday led by retired High Court Judge Tabaro.
Costs
Adding: “The decision of the Appointments Board to terminate the appellant’s contract of employment with immediate effect is set aside; the appellant (Mr Kamugisha) is reinstated in his position as director, legal Affairs with salary arrears from the time when he was deleted from the respondent’s payroll to-date.
“The appellant was a senior administrative staff member at the level of M3 of the University service. He had been in employment for 11 months and was terminated with immediate effect without giving him an opportunity to prepare himself and leave honourably. This honourable Tribunal finds that the appellant, in the circumstances can be reinstated into university service,” the Tribunal further stated.
The other members of the Appeals Tribunal are; Ms Edith Kusasira, Dr Phiona Muhwezi Mpanga, Ms Sarah Wegosasa and Mr Joseph Kalema.
Background to the appeal
Tribunal documents seen by this publication state that Mr Kamugisha was appointed by the Appointments Board of Makerere University as its Director, Legal Affairs, on a contract of five years with a six months’ probation period.
He commenced work on June 1, 2021.
On January 9, 2022, about seven months into the employment, the University Appointments Board wrote to him, informing him about the decision to extend his probation period for another six months.
But on May 4, 2022, about 11 months into his employment, the Appointments Board in its special sitting on the same day, terminated his employment.
Mr Kamugisha claimed he was given two days to pack and leave the university since the nature of termination was with “immediate effect”.
Being dissatisfied with the decision, he petitioned the University Staff Appeals Tribunal, which granted him a temporary injunction, prohibiting the university from re-advertising his position until the disposal of his appeal.
The main issue that the Justice Tabaro-led tribunal was set out to determine was whether Mr Kamugisha had completed serving his six months’ probation period or not at the time of termination of his employment.
In his submissions, Mr Kamugisha had argued that at the time of the termination, he had completed the six months’ probation period and that the same could not be extended since it had been left to lapse.
He claimed to have written to the Appointments Board seeking confirmation into the university’s service on November 11, 2021 and attached two different excellent performance appraisals including one from his immediate supervisor.
He further cited that Section 67 (3) of the Employment Act provides that an employer shall not employ an employee under probation contract on more than one occasion.
The University in its arguments, had contended that the delay in considering Mr Kamugisha’s application for confirmation into university service was caused by himself since the Appointments Board had sat to consider the matter without inordinate delay.
Further, the university argued that the discretion to either confirm or terminate Mr Kamugisha’s employment was within its powers.
However, the Tribunal in decision on the main issue, sided with Mr Kamugisha.
“This honourable Tribunal finds in accordance with the rights of an employee enshrined in the university’s Human Resource Manual, the respondent was bound by its own rules of procedure and should have determined whether or not to retain the employee within six months, a failure of which meant that the employee had a right to be confirmed within the meaning of subsection 12.2 e.”
Reacting to the decision of the Appeals Staff Tribunal, Mr Kamugisha said: “The ruling is an affirmation that lies and malice die very fast. Justice has prevailed.”
On the other hand, Vice chancellor Barnabas Nawangwe said he is yet to receive the ruling.
“I haven’t seen the ruling yet. However, I believe the decision on whether to comply or appeal to the high court will be made by the Appointments Board, which the University Council is yet to institute,” Mr Nawangwe said yesterday.
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