Korugyendo v Rubanda District Local Government (Civil Suit 44 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that the Defendant's unilateral reduction of the Plaintiff's salary from UGX 2,700,000 to UGX 1,700,000 without the approval of the appointing authority (District Service Commission) was illegal. An appointment letter accepted by an employee constitutes a binding contract. The Defendant was ordered to pay all illegally deducted sums and general damages of UGX 10,000,000.
Outcome
Judgment entered for the Plaintiff with declarations that salary deductions were illegal and orders for payment of deducted sums plus general damages
Facts
The Plaintiff was appointed District Planner by the Defendant on 29 August 2019 on accelerated promotion with salary scale U1Esc (UGX 2,700,000 per month). He earned this salary for two years and ten months. In July 2022, when government enhanced salaries for scientists to UGX 6,500,000 gross pay for U1Esc scale, the Defendant instead reduced the Plaintiff's salary to UGX 1,700,000 without prior notice and without approval of the District Service Commission. The Defendant claimed the Plaintiff had been erroneously classified on the science scale and should be on U1E-Upper professional cadre scale. During proceedings, the District Service Commission confirmed that the Plaintiff was lawfully appointed under salary scale U1Esc and that the appointment letter constituted a binding contract. The Defendant's Chief Administrative Officer subsequently acknowledged new policy guidance recommending the Plaintiff be allowed to earn the salary in his appointment letter on a person-to-holder basis.
Issues
- Whether the Defendant legally deducted the Plaintiff's salary.
- Whether the Defendant is indebted to the Plaintiff.
- What remedies are available to the parties?
Orders
- A declaration that the Plaintiff a District Planner with the Defendant under salary scale U1Esc as per his appointment letter is entitled to full pay under the same scale as per the new salary structure.
- A declaration that the Defendant's decision to reduce the Plaintiff's salary without the Plaintiff's notice and without the approval of the appointing authority (District Service Commission) is illegal and a nullity.
- An order directing the Defendant to pay the Plaintiff the sums illegally deducted from his salary since July 2022.
- General damages of UGX 10,000,000/= are awarded to the Plaintiff.
- The costs of this Suit are awarded to the Plaintiff.
Rules and key headnotes
Cases cited (1)
- Uganda Commercial Bank v Deo Kigozi (2002) EA 293
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.