Kyambogo University ordered to pay former worker sh19m over discrimination
The court awarded Atono sh8.99m in salary arrears, sh10m in exemplary damages and two months’ salary in lieu of notice, in a case arising from her placement on an incorrect salary scale and failure to confirm her appointment.
The court found that the university’s decision to place Atono on the wrong salary scale and deny her confirmation, without justification, amounted to unfair discrimination under the Employment Act.
KAMPALA - The Industrial Court has ordered Kyambogo University to pay a former kitchen attendant, Magdalene Atono, about sh19m in salary arrears and exemplary damages after finding that she was unfairly discriminated against in her employment.
The court awarded Atono sh8.99m in salary arrears, sh10m in exemplary damages and two months’ salary in lieu of notice, in a case arising from her placement on an incorrect salary scale and failure to confirm her appointment.
The court, presided over by Industrial Court head judge Justice Linda Lillian Tumusiime Mugisha, with panellists Harriet Mugambwa, Fidel Ebyau and Francis Xavier Mubuuke, also awarded Atono half the costs of the claim
The court found that although Atono possessed the required 'O' level certificate for the kitchen attendant position, the university placed her on salary scale M20 instead of M15, which applied to other kitchen attendants.
The court noted that the university’s approved terms and conditions of service, which took effect on January 25, 2005, placed kitchen attendants under the support staff category on salary scale M15, with an 'O' level certificate as the required academic qualification
It found that the university had not provided justification for placing Atono under the group employee category of salary scale M20, which the court described as non-existent, while other employees in the same position were placed on salary scale M15.
The court rejected the university’s argument that Atono failed to qualify for permanent appointment because she lacked a credit in English
The court found that the university’s decision to place her on the wrong salary scale and deny her confirmation, without justification, amounted to unfair discrimination under the Employment Act.
Atono was initially employed by Uganda Polytechnic Kyambogo as a casual labourer in May 2000, earning sh40,000 per month. Her employment was transferred to Kyambogo University following the merger of Uganda Polytechnic Kyambogo, the Uganda National Institute of Special Education, and the Institute of Teacher Education Kyambogo into Kyambogo University in 2003.
She obtained a Certificate in Hotel and Institutional Catering from Kyambogo University in 2007, but continued working under successive temporary and fixed-term contracts.
In November 2009, the university appointed her as a kitchen attendant on a one-year contract at a monthly salary of sh201,422 under salary scale M20.
The court found that other kitchen attendants, including Daniel Muhumuza, Najjuma Musisi, Ben Tumwesigye and Christine Achan, had been placed on salary scale M15 and subsequently confirmed in their positions. The court held that the university had not justified treating Atono differently from other employees.
It, therefore, awarded Atono Sh8,996,952 in salary arrears for the period between November 5, 2009, and December 31, 2012, with interest at 10% per annum as specified in the award.
However, the court declined to calculate Atono's salary arrears from 2003 as she had requested, holding that her entitlement under the M15 salary scale arose when she was formally admitted to the university’s new employment structure in November 2009
It also rejected her claim for salary arrears calculated using the 2018 salary scale, noting that her employment had ended in December 2012.
On the termination of her employment, the court found that Atono’s last contract ran from August 1 to December 31, 2012, and that the university had notified her on November 30, 2012, that her contract would not be renewed
The court declared that the non-renewal of her contract did not amount to unlawful termination. Therefore, court did not award general damages, having found that her employment was not unlawfully terminated.
Since Atono's service was continuous for purposes of determining her employment rights, the court found that she was entitled to two months’ salary in lieu of notice under section 57(3)(c) of the Employment Act, rather than the one month provided for in her contract.
On her claim for unpaid National Social Security Fund (NSSF) contributions, the court noted that there was no evidence on record showing that the university had remitted the contributions or registered her as a member of the fund. It said it had no basis to determine the claim and considered it a matter in which NSSF should be interested.
The claim was initially filed in the High Court in February 2014, before being referred to the Industrial Court.
Atono was represented by Prof.John Jean Barya of Barya, Byamugisha and Company Advocates, while the university was represented by Cyrus Baguma of Kalenge, Bwanika, Kisubi and Company Advocates.