Patrick Wandera joined Sadolin Paints Limited as a forklift driver in 2001. On October 12, 2010, a customer approached him and said he wanted to buy an empty 1,000-litre container.
Wandera said it costs Shs 180,000. The customer paid the money, but instead of passing over the entire sum to the store’s manager, a one Jignesh, Wandera forwarded Shs 125,000. He retained Shs 55,000.
Where is the remainder? The boss asked Wandera. He didn’t have a clear answer. Maybe he had kept the “enjawulo” money for personal use.
The next day, the managing director fired him instantly for theft of Shs 55,000. Wandera fell on his knees, cried, and pleaded for mercy. “How am I going to feed my family if you fire me?” he pleaded and said the Shs 55,000 had been given to him as a “kasiimo” by the customer. He promised to repay the money.
The boss did not listen to his pleas and told him to pack his stuff and leave the premises. Remember, Wandera had worked at Sadolin for nine years.
He wrote an impassionate letter, acknowledging that he had received the money but apologising for his actions. The company was not moved.
He took Sadolin to court, alleging that he had been dismissed unfairly. Wandera asked for reinstatement, unpaid wages, damages, and a declaration that his sacking was fraudulent and unconstitutional.
A panel of three people led by Justice Linda Lillian Tumusiime Mugisha of the Industrial Court heard Wandera’s case.
At first, it appeared as if Wandera was destined to win the case. The panel said Sadolin broke the law by dismissing him summarily without any disciplinary hearing. Under the Employment Act, the panel argued, an employee must normally be told the charge, given time to answer, and allowed to defend himself.
Uganda Clays ordered to pay Shs128 million to former HR chief for unfair dismissal
Wandera, who is 68 years of age now, smiled, smelling victory.
But the smile was short-lived. The panel then said Wandera’s voluntary apology was a clear admission of guilt.
“If the apology is made in respect of the actions that led to the employee’s dismissal, it would be construed as an admission,” the panel ruled.
They said Wandera knew selling company property was not part of his job and that he had no right to increase the price or keep the extra cash.
In the end, Wandera lost on every count except one: the court found Sadolin had underpaid his National Social Security Fund (NSSF) contributions by using the wrong salary figures over the years. It ordered the company to rectify this and pay him what is due.
But all in all, the panel found that Wandera’s dismissal in 2010 was lawful, even though he was sacked without a hearing.
It was a bitter end for Wandera in a country where many workers quietly take home company property or inflate small deals, often expecting sympathy when caught.
So in a way, the ruling sent a blunt message to you, the employee, who quietly makes enjawulo from that small job, claiming that you do so because you are underpaid. Your days could be numbered.
