Wakiso District Ordered to Compensate Ex-Employee UGX 36 Million for Unfair Dismissal

The Industrial Division of the High Court has directed the Wakiso District Service Commission (DSC) to pay former employee Fred Ssewanyana Shs 36.3 million. The court found Ssewanyana’s compulsory retirement in 2007 to be both unlawful and procedurally unfair.

Justice Anthony Wabwire Musana, along with panel members Amos Lapenga, Emmanuel Bigirimana, and Dr. Olinga Dawn Kerjew, emphasized that employees accused of misconduct must be afforded a fair hearing before dismissal. This right to be heard is a crucial procedural safeguard, reinforced by the Employment Act which requires a genuine and provable reason for termination, established through proper disciplinary processes.

Ssewanyana began his career as a clerical officer in Mpigi district in 1990, eventually transferring to Wakiso district as a records officer following its creation in 2002. His compulsory retirement came in 2007, citing purported needs for efficiency and economy in service delivery.

However, Ssewanyana challenged the decision a decade later, arguing that his dismissal lacked due process. He contended that he was not subjected to disciplinary proceedings nor given a chance to defend himself, despite his qualifications being verified earlier. The court found that the reasons cited in the retirement letter differed significantly from the allegations of irregular appointment and forged academic documents presented during the court proceedings.

Crucially, the court noted that the evidence did not show Ssewanyana was ever invited to respond to these specific allegations. Consequently, his retirement was deemed unfair. The award includes Shs 27.4 million in severance pay, Shs 1.7 million for salary in lieu of notice, Shs 279,000 for transport costs, and Shs 6.85 million in general damages. Interest and court costs were also awarded.

Source: https://observer.ug/news/wakiso-district-ordered-to-pay-ex-employee-shs-36m-for-wrongful-dismissal