Makerere directed to reinstate sacked human resource boss

Makerere University main building. Photo | File

What you need to know:

  • Tribunal documents seen by this publication show  Mr Malowa was appointed  on a contract of five years with a  probation period of six months
  • He commenced work on June 1, 2021.

Makerere University Appeals Staff Tribunal has ordered management to reinstate the human resource director. 
This came after Mr Davis Malowa, who was sacked last year in May, appealed to the tribunal.
The tribunal said Mr Malowa should be reinstated, having found no lawful grounds for his termination.

“The Honourable Tribunal has not found any of the circumstances for termination set out in section 16.1 of the Human Resources Manual present in the facts of this case. The Tribunal therefore, finds that the respondent [Makerere] exercised its discretionary power arbitrarily in termination of the appellant [Mr Malowa],” ruled the five-member tribunal led by retired High Court Judge Patrick Tabaro.
The tribunal added: “The decision of the Appointments Board to terminate the Appellant’s contract of employment with immediate effect is set aside. The Appellant is reinstated in his position as Director, Human Resources with salary arrears from the time  he was deleted from the respondent’s payroll to-date.”
The university has to pay Mr Malowa salary arrears of close to Shs100 million. 
Mr Malowa was a senior administrative staff member at the level of M3 of the University service at the time of his termination and had been in employment for 11 months.

 Background to the appeal
 Tribunal documents seen by this publication show  Mr Malowa was appointed  on a contract of five years with a  probation period of six months
He commenced work on June 1, 2021.
On January 9, 2022,  the board wrote to him, informing him about the decision to extend his probation period for another six months.
Documents  indicate that Mr Malowa had performed excellently in his appraisals and therefore, termination of his contract was unfair.
But on May 4, 2022,  the board in its special sitting on the same day terminated his employment.

He thereafter  appealed to the tribunal over unlawful termination.
 He claimed he was given two weeks to pack and leave the university. 
Two months  ago,  the  tribunal ordered the university to  reinstate the director of legal affairs, Mr Javason Kamugisha, who had been asked to vacate office.