Wakilii

Dr. Onio Alfred v Uganda Heart Institute (Labour Dispute No. 006 of 2019)

Industrial Court · [2025] UGIC 80 · 2025 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute referred from Labour Officer to Industrial Court for resolution on grounds that a substantial question of law or fact had arisen
Decision
Claim dismissed with costs to the respondent

Observed later treatment

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Holding

Held that the claimant, a public officer, terminated his own employment by accepting a full-time position at Mbarara University of Science and Technology while still employed by the respondent, in contravention of Public Service Standing Orders prohibiting concurrent appointments. His subsequent part-time engagement with the respondent was irregular and on a task-by-task basis. The termination of this part-time arrangement was lawful as it was based on lack of further part-time work. Claim dismissed with costs.

Outcome

Claim dismissed with costs to the respondent

Facts

The claimant was employed by the Public Service of Uganda and posted to Mulago Referral Hospital, deployed at Uganda Heart Institute, from 22 July 2010. On 2 June 2014, he was promoted to Medical Officer Special Grade (Cardiothoracic Surgery). On 16 October 2015, he was offered and accepted a full-time lectureship at Mbarara University of Science and Technology (MUST), effective 1 November 2015, without notifying the respondent beforehand. He was automatically deleted from the respondent's payroll in November 2015. He only sought to remain on half pay with the respondent on 10 December 2015, one month after assuming the MUST position. The respondent declined his request for part-time employment on grounds that holding two concurrent public service positions violated Public Service Standing Orders. He continued rendering part-time services to the respondent on a task-by-task basis for facilitation allowances. The respondent attempted to have him seconded by MUST, but MUST refused. On 27 October 2016, the respondent terminated his part-time services on grounds that no part-time work was available. The claimant claimed wrongful termination and sought various remedies.

Issues

  1. Whether the claimant's termination from employment was unlawful?
  2. Whether remedies are available to the claimant?

Orders

  • Claim dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Public Service Employment — Concurrent Appointments — Automatic Termination
A public officer who accepts a full-time appointment in another government entity during the subsistence of an existing public service appointment, without authorization and in contravention of Public Service Standing Orders prohibiting concurrent appointments, terminates his own employment by his own volition when he is automatically deleted from the payroll.
Part-Time Employment — Irregular Engagement — Task-by-Task Basis
Where a former employee continues to render services to a public entity on a part-time basis after his substantive employment has been terminated, and such part-time engagement is not authorized under Public Service Standing Orders, the engagement is irregular and amounts to a task-by-task arrangement rather than a contract of service with full employment rights.
Termination — Lawful Termination — Completion of Task
Termination of a task-by-task engagement on grounds that there is no further part-time work available falls within the lawful grounds for termination under the Employment Act and does not require notice or a hearing where the employee has been paid for all tasks completed.
Public Service Standing Orders — Prohibition of Concurrent Appointments
Public Service Standing Orders section (F-a)(14) prohibits a public officer from holding two appointments concurrently and from drawing more than one salary from public funds. A senior public officer is presumed to be aware of this prohibition and cannot claim ignorance when he contravenes it.
Right to Fair Hearing — Self-Termination — No Entitlement
Where an employee terminates his own employment by his own conduct in fundamental breach of the terms of employment, and such breach is not denied, the employee is not entitled to a hearing before the employer formalizes the termination arising from the employee's own actions.

Legislation cited (15)

Cases cited (7)

  • Mary Pamela Sozi v The Public Procurement and Disposal of Assets Authority (Civil Suit No. 63 of 2012)
  • Uganda Development Bank v Florence Mufumba (Civil Appeal No. 241 of 2015)
  • Hilda Musinguzi v Stanbic Bank (U) Ltd (Supreme Court Civil Appeal No. 05 of 2016)
  • Bank of Uganda v Tinkamanyire (Supreme Court Civil Appeal No. 12 of 2017)
  • Rookes V Barnard (1964)-c. 1129,1 ALLER 367
  • Donna Kamuli v DFCU Bank (Labour Dispute No. 02 of 2014)
  • Uganda Revenue Authority v Stephen Mabosi (Supreme Court Civil Appeal No. 1 of 1996)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Dr._Onio_Alfred_v_Uganda_Heart_Institute_(Labour_Dispute_No._006_of_2019)_[2025]_UGIC_80_(1_September_2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.