Wakilii

Nuwagaba v Makerere University (Labour Dispute Reference No. 91 of 2018)

Industrial Court · [2021] UGIC 60 · 2021 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from complaint of unfair transfer and alleged demotion
Decision
Claimant's labour dispute reference dismissed; claimant remains in substantive position of Chief Custodian

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court held that transferring an employee from an acting appointment back to their substantive position does not constitute a demotion or breach of contract. An acting appointment creates additional duties, not a separate employment contract. The employer was entitled to remove the acting duties and transfer the employee in his substantive capacity without breaching the employment contract. The claim failed.

Outcome

Claimant's labour dispute reference dismissed; claimant remains in substantive position of Chief Custodian

Facts

The claimant was substantively employed as Chief Custodian by Makerere University and confirmed in that position effective 1 July 2013. On 9 February 2017, he was offered an acting appointment as Personal Assistant to the Deputy Vice Chancellor (Finance & Administration) until the position was substantively filled. On 27 September 2017, he was transferred back to the College of Health Sciences as Chief Custodian. The claimant considered this an unfair transfer and demotion, arguing that the acting appointment created a binding contract that could only be terminated once a substantive Personal Assistant was appointed. He lodged a complaint with the labour officer, which was referred to the Industrial Court.

Issues

  1. Whether the re-designation of the claimant from the position of Acting Personal Assistant to the Deputy Vice Chancellor (Financial & Administration) to the position of Chief Custodian was lawful.
  2. Whether the sub-committee of the Appointments Board that tried the claimant was legal and was properly constituted.
  3. Whether the claimant was afforded a fair hearing when he appeared before the subcommittee of the Appointments Board.
  4. What remedies are available to the parties.

Orders

  • The claim fails.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Acting Appointments — Distinction from Substantive Appointments
An acting appointment is not a substantive appointment but an assignment of additional duties ordinarily performed by a person in a higher position, carrying an allowance rather than a separate salary.
Employment & Labour — Acting Appointments — Effect on Employment Contract
An acting appointment does not create a separate and distinct employment contract where it is pegged to the salary of the substantive position and involves only additional duties.
Employment & Labour — Transfer — Reversion to Substantive Position
Transferring an employee from an acting appointment back to their substantive position does not constitute a demotion or breach of contract, but is a lawful reversion to the substantive post and removal of extra duties.
Employment & Labour — Acting Appointments — Employer's Discretion to Terminate
An employer is not obliged by a phrase such as 'until the position is substantively filled' to retain an employee in an acting capacity, and may lawfully remove the acting duties at its discretion.

Legislation cited (1)

  • Universities and Other Tertiary Institutions Act 2001 s.50(3)

Cases cited (2)

  • Dr. Julius Enon v Makerere University (Miscellaneous Application No. 381 of 2005)
  • Makerere University v Frank Kitumba (Labour Dispute Appeal No. 43 of 2019)

Full judgment

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

Nuwagaba_v_Makerere_University_(Labour_Dispute_Reference_No._91_of_2018)_[2021]_UGIC_60_(6_August_2021)
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.