January 09, 2023.
KAMPALA, Uganda | The High Court of Uganda, seated in Kampala, has directed the country’s tax collector, the Uganda Revenue Authority (URA), to pay a substantial sum of UGX 80,000,000/= (Uganda Shillings Eighty Million only) to former employee Barbra Awidi Michell for the unjust dismissal from her position.
Barbra, an officer in Customs (Grade One), had joined URA on March 11, 2020, officially accepting the role on March 14, 2020. The dispute arose when, on May 18, 2020, she received allegations from the Internal Audit and Compliance Department, accusing her of using a forged certificate to secure her job. Without affording her an opportunity to be heard, URA issued a summary dismissal letter on July 13, 2020.
Despite an unsuccessful appeal, the Commissioner General reconstituted the Staff Appeals Committee, which then dismissed her on a new issue without due jurisdiction or a fair hearing. Barbra contended that this constituted unfair and illegal treatment.
URA, however, defended its actions, claiming to have initially identified a forged certificate during a vetting process but later cleared her upon a second review. The dismissal, they argued, aligned with the employment contract and the Human Resource Management Manual.
High Court Justice Boniface Wamala faulted URA for summarily dismissing Barbra without providing her an opportunity to present her case, deeming it a breach of her rights to a fair hearing and just treatment. He emphasized the importance of procedural propriety in public law matters, insisting on adherence to the rules of natural justice, which include informing the accused of the charges, providing an opportunity to respond, and acting in good faith.
The judge deemed URA’s decision irrational and unlawful, citing a failure to observe the principle of fair hearing and the rules of natural justice in the dismissal process. Consequently, he issued an order quashing URA’s decision based on procedural impropriety and irrationality.
As a form of redress, the High Court directed URA to compensate Barbra Awidi Michell with UGX 80,000,000/= as general damages and also bear the costs of the legal suit. The ruling is a resounding affirmation of the importance of due process and fairness in employment matters.
Fairness is vital in law and the Officer was deprived her rights to be heard in reference to the case against her and the money is even little to the officer.
Her name was tarnished and damages during the course should be deemed at as being fair regarding law matters in employment and causing loses to institutions in future.