The Industrial Court has ordered Kyambogo University to pay a former kitchen attendant nearly Shs19 million, plus interest and other payments, after finding that the university unfairly discriminated against her during more than a decade of temporary contracts.
In an award delivered in Kampala on Tuesday, October 27, the court ruled that Kyambogo had no justification for placing Magdalene Atono on salary scale M20, a scale the court said did not exist for her position, instead of the approved M15 scale for kitchen attendants. It also found that the university had kept her on short-term contracts while confirming colleagues in the same job on permanent terms.
The case, Magdalene Atono v Kyambogo University (Labour Dispute Claim No. 13 of 2015), was decided by a panel headed by Head Judge Justice Linda Lillian Tumusiime Mugisha.
What Kyambogo must pay
| Award | Amount |
|---|---|
| Salary arrears, November 2009 to December 2012 | Shs8,996,952, plus 10% annual interest |
| Exemplary damages for unfair discrimination | Shs10,000,000, plus 10% annual interest from October 27, 2026 |
| Payment in lieu of notice | Two months’ salary |
| Legal costs | Half the costs of the claim |
The arrears and damages alone come to Shs18,996,952 before interest. The court said the exemplary damages are meant to punish the university’s conduct and discourage it from happening again, not just to make up for lost pay.
Twelve years, never confirmed
Atono started at Uganda Polytechnic Kyambogo in May 2000 as a casual worker earning Shs40,000 a month. When the polytechnic merged into Kyambogo University in 2003, her job moved with it.
She went on to work under repeated six-month contracts, and in November 2009 received a one-year contract under the university’s new staff structure. She earned a Certificate in Hotel and Institutional Catering from Kyambogo itself in 2007, but was never made permanent. Her employment ended in December 2012.
Under the M20 placement, her monthly pay was fixed at Shs201,422. Colleagues on the approved M15 scale earned a basic salary of between Shs121,729 and Shs143,740, but also received Shs139,000 in benefits, which brought their monthly package to about Shs260,729. The court examined the records of four colleagues who were confirmed in the same role while she stayed on temporary terms.
Why the university lost
Kyambogo argued that Atono did not meet a requirement for a credit in English, which appeared in a 2012 recruitment advert. The court rejected this. It pointed out that when she was appointed under the new structure in 2009, the job required only an O-Level certificate.
“It is glaringly evident that, by 2009, the person specification for the Kitchen Attendant position required an ‘O’ Level certificate and nothing else,” the court said.
The court found that the university had produced no evidence to justify putting her in a non-existent category or denying her confirmation, and described the different treatment as arbitrary and disproportionate. It also said the real nature of a job must be judged by what actually happens, not by the label on an appointment letter. In its view, renewing her contracts over and over appeared designed to keep her from the rights enjoyed by permanent staff.
Where she lost
The court did not find in Atono’s favour on every point. It ruled that the end of her employment was not an unlawful termination, since her final fixed-term contract simply expired, and so it declined her request for Shs10 million in general damages.
On her claim for unpaid NSSF contributions, the court said there was not enough evidence to decide either way. It made no award but suggested that NSSF itself may want to look into the matter.
CampusBee has contacted Kyambogo University for comment on the ruling and whether it plans to appeal.
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