The Industrial Court has ordered the Uganda Revenue Authority (URA) to compensate its former compliance manager, David Kalemera, a total of Shs51 million for unfair dismissal.
In a ruling delivered by Justice Anthony Wabwire Musana, the court found that URA flouted its own disciplinary procedures and denied Kalemera a fair hearing before terminating his employment.
According to court documents, Kalemera was in 2016, while on leave, informally summoned through his brother and directed to the Internal Audit and Compliance Department (IACD) in Nakawa. He was later arrested and detained for four days over alleged transit diversion issues, before being charged two months later at the Anti-Corruption Court with fraudulent evasion of duty under Section 203 of the East African Community Customs Management Act, 2004.
He was eventually acquitted after a lengthy trial.
While the criminal proceedings were still pending, Kalemera was, in March 2017, invited to appear before a disciplinary committee on allegations that he had received Shs190 million in taxes through a private account. He was subsequently dismissed through a letter referencing an undisclosed investigation report. His request to access the report and appeal the decision was denied.
Kalemera, through his lawyers, challenged the decision at the Industrial Court, arguing that the disciplinary process was unfair, rushed, and predetermined, with no evidence or specific particulars provided.
In its judgment, the court ruled that URA acted unlawfully by ignoring the prescribed disciplinary procedures outlined in its Human Resources Management Manual (HRMM).
“URA did not provide full particulars of the allegations against the claimant, nor did it give him adequate time to prepare his defence. This was compounded by not providing him with a copy of the investigation report and failing to call witnesses to testify against him,” Justice Musana ruled.
“For these reasons, we find that the decision to dismiss the claimant was procedurally unfair.”
Citing Section 67 of the Employment Act, the judge emphasized that the burden of proof in cases of termination lies with the employer, who must show that the dismissal was based on a genuine and lawful reason.
Consequently, the court awarded Kalemera Shs3.49 million as four weeks’ net pay, Shs6.9 million in general damages, and Shs40.5 million as a service award — totaling Shs51 million.
