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The Chairperson of the Uganda Human Rights Commission (UHRC) Mariam Wangadya, whose name keeps getting shrouded with endless controversy, is in the news again, for bad reasons!
Wangadya, who was a few days ago cited in endless wars with some commissioners at UHRC, has this time round been dragged to the Kampala Capital City Authority (KCCA) Labour Court, over allegations of illegally terminating employees’ contracts.
According to a letter seen by this website dated Wednesday August 2, 2023, from the KCCA Directorate of Gender, Community Service and Production, Wangadya is accused of allegedly terminating the employment contract of Aaron Birimbo, the former UHRC Human Resources Manager.
The letter, titled ‘ALLEGED UNLAWFUL AND UNFAIR TERMINATION OF BIRIMBO AARON‘, written by Wilson Jingo, a Labour Officer at KCCA, reads in part thus;
“I have to bring to your notice the substance of a complaint made to me by your above named former employee stating as attached through his representative M/s MUSANGALA ADVOCATES & SOLICITOR.”
Jingo adds that; “If you can settle this matter to the satisfaction of the complainant without reference to me, please do so otherwise I shall be glad if you let me have your comments on the complaint latest 21st August 2023.”
However, when The Standard News contacted Wangadya for a comment about the matter through the Commission’s publicist Alex Bukumunhe, she said that she is aware of the matter, adding that Birimbo filed a case in the High Court and was awarded damages for the same.
Wangadya said that; “But he took us to Court, won the case and was awarded damages. My comment is this case is Res judicata. The last I checked it was the taxed costs which were yet to be paid.”
“Res Judicata means he is incapable of bringing another suit in any forum. By the way High Court where he took us is superior to the KCCA Labour Court,” she added.
Genesis Of Matter
Court documents accessed by this website indicate that trouble for Wangadya started when she terminated Birimbo’s contract as Human Resources Manager and Administrator, through a Notice of Termination of Contract dated March 20, 2023, which was to become effective on April 10, 2023, hence giving him a 20 days’ notice.
However, Birimbo, who had worked with UHRC in the same position since 2013, argued that the termination process was illegal, marred with irregularities and unfair, so he dragged UHRC to the High Court, demanding to be reinstated to his office, and to be compensated in damages for being denied his salary for the period of illegal termination, plus other benefits he was entitled to.
Thus, through his lawyers of Musangala Advocates & Solicitors, Birimbo successfully sued Wangadya in her position as UHRC Chairperson, for illegal termination from a public office, which is against the Public Service Standing Orders and the Constitution of Uganda, and sought compensation worth hundreds of millions of shillings for the various damages suffered due the illegal termination of his employment.
Birimbo argued in court that according to the Employment Contract he signed with UHRC, the procedure for termination of his employment stipulates a 6-months’ notice in lieu of the termination, a regulation that Wangadya intentionally disregarded when she issued a 20-days’ notice, something that rendered the entire process illegal, hence null and void.
In their plaint, Birimbo’s lawyers stated thus; “Paragraph 9(c) of the Employment contract/Agreement of the said contract of employment states that; where the provisions of this Employment Contract and provisions of the Commission Personnel Manual on corresponding clauses conflict, the provisions of this Employment contract shall prevail, which you did not follow. Our Client has written to you and the Chairperson of Uganda Human Rights Commission on 6th April 2023 and 20th February 2023 seeking to resolve these issues and you denied him the opportunity. As a result of your decision of giving him an illegal notice of non-renewal of his employment contract, various rights in regard to our clients employment have been violated.”
They lawyers prayed to court to award Birimbo the following;
– 6 months salary payment in lieu of notice amounting to UGX 21, 716, 964/= (Uganda Shillings Twenty-One Million Seven Hundred and Sixteen Thousand Nine Hundred sixty four Shillings).
– Gratuity amounting to 6 months of his monthly salary worth UGX 6,515,087/= (Uganda Shillings six million five hundred fifteen thousand, eighty seven Shillings).
– 6 months Housing and Welfare worth UGX 10,858,482/=.
– Repatriation fund worth UGX 2,000,000/= from Kampala to Mayanga Mitooma District as his record reads.
– Termination benefits for a period of ten years of service resulting from unfair termination by contravening the employment contract and an illegal notice of non-renewal of our client’s contract as provided under Section 71 of the Employment Act 2006 amounting to UGX 36,194,940/=.
– Unpaid costs where you approved our client’s visit to conduct post Covid-19 spot-on visit to Masaka Regional Office worth UGX 1,720,000/=
– National Social Security Fund Contributions for the 6 months’ notice in lieu
– Contempt of Court Order wherein you refused to reinstate our client and his two dependents Medical Insurance benefits for two financial years of 2021/2022 and 2022/2023 worth UGX 180,000,000/= (based of Medical cards balances)
– A Certificate of Service
– Our Legal fees amounting to UGX 35,000,000/=
-General Damages for denying our client his Employment contract renewal for five years of UGX 374,617,629/= in terms of salaries and benefits denied.
It should however be noted that when Birimbo raised the same matter to the Secretary to the Commission in a petition, he was informed that the Commission had passed a decision to retain him as Technical Adviser to the Commission for Human Resources, which is a demotion compared to the position he initially held.
So, it is the above stated matter that Wangadya referred to as ‘Res Judicata’ in her comments in reply about Birimbo dragging UHRC to the KCCA Labour Court.
However, all that notwithstanding, it should be noted that despite the fact that the High Court awarded Birimbo damages worth several millions of shillings, we have since established that he is yet to receive all compensation, because of Wangadya’s deciding to play hide and seek games whenever the matter is raised before the Commission.
Source:The Standard