Asuman Mulindwa, a forklift operator who gave nearly 18 years to the Coca-Cola bottling plant in Mbarara, has won his fight against his former employer, four years after he was sacked.
Justice Anthony Wabwire Musana ruled that Century Bottling Company Limited unfairly and unlawfully dismissed Mulindwa and ordered it to pay him Shs 51.5 million.
Century Bottling is a Coca-Cola franchisee that makes and bottles soft drinks such as Coca-Cola, Fanta, Sprite and Stoney.
Mulindwa joined Century Bottling in February 2002 as a casual labourer. He rose to forklift operator, earning Shs2.06 million a month, and worked there for two decades.
On 17 March 2022, the company says, Mulindwa drove a forklift dangerously and knocked a colleague, Bruno Mugarura. Mulindwa said the allegations were false.
A week later, the company suspended him and sent him a notice to attend a disciplinary hearing, which he attended. On April 25, 2022, the company dismissed him.
For a man who had spent half his life in one workplace, it was a heavy blow. He said the disciplinary hearing was unfair because he was denied the CCTV footage, his union representative was stopped at the company reception, and he never saw the evidence against him.
Mulindwa also had a Stanbic Bank salary loan of Shs21m, which he had taken in 2021 after Century Bottling confirmed he was employed. He testified that the company used his terminal benefits to service it.
He first reported the matter to a labour officer in Mbarara, who wrote in September 2022 that the company had followed due process. Months later, the officer wrote again to say he had not made a formal ruling.
Even so, Mulindwa’s lawyers filed an appeal at the Mbarara High Court in May 2023.
Century Bottling argued the case should never have been heard, but this was overruled.
However, on the merits, the company scored some wins.
Justice Musana found the hearing notice gave Mulindwa thirteen days to prepare and listed nine rights, saying that Mulindwa failed to prove he was denied union representation.
But the company lost on the more important question of whether it had a good reason to sack him.
Century Bottling relied on a disciplinary policy that was unsigned and undated. Its own managers admitted they had no proof Mulindwa was ever given it. Justice Musana said an unsigned document “has no evidentiary value”.
Second, the company’s argument that Mulindwa had a history of reckless driving was brushed aside after the court said they did not provide proof of his past misconduct.
Justice Musana brushed this aside, citing the law’s fifteen-day limit for acting on misconduct.
“The proof of misconduct must be present and not past,” he said.
Third, the people who allegedly saw the accident gave statements at the disciplinary hearing, but none came to court. The two managers who testified admitted they did not see it.
The minutes of the disciplinary hearing showed the chairperson announcing, after short statements from witnesses, “I find Mulindwa guilty of the offence charged against you”.
Justice Musana said this meant the verdict was already made.
“It affirmatively demonstrates pre-determination,” he said, adding that an employer cannot dismiss an employee on a whim.
He concluded that Mulindwa’s dismissal was “unfair and unlawful” and that the company “failed to establish a valid, verifiable reason for dismissal”.
Mulindwa asked for Shs 100 million in general damages, but the court gave him Shs 10.3 million, about five months’ pay.
Justice Musana said Mulindwa “did not show evidence of high-handedness,” and noted the company had at least tried to hold a hearing.
He also refused to order Century Bottling to pay Mulindwa’s Stanbic loan, saying the company never guaranteed it.
In the end, Justice Musana said Century Bottling must now pay Mulindwa Shs 37.1 million as severance pay and Shs10.3 million as general damages. He said the company must add Shs2.06 million as the balance of his notice pay and Shs 2 million for repatriation.
He said the amounts earn 8% interest a year from the date of the ruling until paid in full.
Mulindwa was represented by Jonan Nuwandinda Rwambuka of Rwambuka & Co Advocates, while Emmanuel Wasswa and Timothy Akampurira of AF Mpanga Advocates appeared for Century Bottling.
