Former UEB worker lose court battle after years of struggle

Former employees of the defunct Uganda Electricity Board (UEB) have lost a case in which they claimed under payment of terminal benefits. The workers’ were laid off fourteen years after government broke-up the power utility parastatal into three separate companies that have since been consessioned out to private players.
Kampala High Court dismissed the case in which a group led by one Vicent Bagamuhunda sought for a review of a court order saying they were not fully satisfied with the payment they got.

Payments to the about 600 workers were made five years ago after a protracted battle.
They claimed that the July 2007 High Court consent order was drafted in error contrary to the agreed formula of 1.5 per cent leading to payment of gratuities not guided by the judgment.
Through their attorney, Kimanje, Nsibambi and Company Advocates, the group had alleged that both gratuities and pensions were calculated and verified by the Auditor General basing on a formula which was not provided for in the UEB termination certificate.
But, Justice Eldad Mwangusya ordered the workers to pay costs incurred by UEB (in liquidation) because there was no merit in their case.

“This court is unable to establish as to whether the clause was deliberately put or was an error, “ judge ruled, “I do not see how by any search of imagination it can be said to be a mistake or error apparent on the face of the record,” he Justice Mwangusya said in the ruling read for him by the court deputy registrar John Eudes Keitirima.

The judge wondered why it took the group more than five years from the time the consent order was entered to realize that an error which was so glaring had been committed.
According to the court records, the group of about 600 people were paid as per the order dated July 6, 2007 but they petitioned Court in 2011 claiming for the balance accruing from the alleged under

“That the correct payment was supposed to be based on consolidated salary plus 1.5 per cent being interest thereon multiplied by the number of years of service in arriving at the total gratuity payable to each applicant,” argued Patrick Nyabiryo, one of the petitioners.
However, court heard that the disputed court order was approved by their lawyer Mr Nsibambi Kimanje and Mr John Kanyemibwa who represented UEB in liquidation.

The judge held that court was unable to establish whether the clause was deliberately put or was an error; “I don’t see how by any stretch of imagination it can be said to be a mistake or error apparent on the face of the record.”

ekasozi@ug.nationmedia.com