The Makerere University Staff Appeals Tribunal has overturned a previous decision by the University’s Appointments Board that denied law Professor John Jean Barya a post-retirement contract.
Key Details:
- Tribunal Chair: Dr. Henry Onoria
- Awarded Damages: 100 million Shillings
- Directive: Reconsider the decision denying the post-retirement contract
The ruling came after Professor Barya successfully appealed a 2021 decision that declined his 2020 application for a post-retirement contract. Professor Barya has served 30 years as a lecturer at the School of Law and applied for the contract on January 28, 2020, before reaching retirement age on May 15, 2020. He continued working while awaiting a decision, writing to the Director of Human Resources on September 14, 2020, seeking an update after receiving no response.
On December 15, 2020, the Director of Human Resources informed Barya that the Vice-Chancellor could not recommend his contract due to a lack of teaching load and engagement in research. In January 2021, Barya appealed to the Appointments Board, which also declined his request. He then appealed to the Tribunal, seeking to overturn the Board’s decision, salary compensation for the denied contract period, and general damages.
The Tribunal found that the Appointments Board had not properly evaluated the evidence regarding Barya’s workload, as there was no teaching timetable presented. The Tribunal concluded that the Board did not reach a fair decision based on the evidence available.
Speaking to URN after the verdict, Professor Barya criticized the Vice Chancellor’s actions as unjust. He suggested that the real reason for the denial was his active role in advocating for better terms for Makerere University staff. He believes the ruling will set a precedent that university management must adhere to legal procedures and cannot override decisions of academic units.
During his tenure at Makerere University, Professor Barya was a vocal advocate for staff rights and broader national issues, organizing public seminars and dialogues on improving working conditions and promoting democracy and accountability. His activism sometimes put him at odds with university administrators and the political establishment.
This ruling is expected to reinforce the legal framework within the university, ensuring fair treatment for staff members advocating for their rights.