Bishop Cipriano Kihangire SS has been ordered to pay Shs 36 million to its former deputy headteacher, Gerald Muhumuza, whom it dismissed unfairly after a workplace dispute that escalated into disciplinary proceedings and eventual termination.
The school, located in Luzira, it is ranked among the top-performing secondary schools in Uganda.
According to the court records, Muhumuza was employed by the school in 2006 as a Physics and Mathematics teacher and rose through the ranks to become deputy headteacher in charge of academics for the boarding section in 2011. He served in several other roles, including head of department and careers master, for about 13 years
Trouble began in June 2018 after a disagreement between Muhumuza and a fellow deputy headteacher, Jesca Auma Draparaku. Muhumuza told the court that after he intervened to stop a possible student riot, Auma verbally abused him in front of staff and students, calling him “mentally disturbed” and “stupid.”
He reported the incident to the headteacher, Victor Okello, expecting the matter to be resolved internally. However, the head teacher did not resolve this grievance to its logical conclusion.
Instead of addressing his complaint, the school summoned Muhumuza before its welfare and disciplinary committee in August 2018. The invitation letter did not clearly state the charges against him. After appearing before the committee, he was suspended and later summoned again by an ad hoc committee of the board.
The court noted that many of the accusations later brought against Muhumuza, such as failing to timetable himself, claiming food was poisoned, and spreading false information, related to events that had allegedly occurred months earlier.
Under the Employment Act, an employer must discipline an employee within 15 days of learning about misconduct. By failing to act promptly, the court said, the school had waived the right to use them as a basis for dismissing Muhumuza.
Muhumuza’s lawyer, Stephen Geoffrey Iga, told the court that his client was denied a fair hearing and was never properly informed of the charges against him. He argued that the disciplinary process was biased and meant to punish Muhumuza for complaining against a senior colleague.
Iga relied on the Employment Act and past court decisions, arguing that termination must be based on valid reasons and follow proper procedure.
“The termination was not only unlawful but unfair in the circumstances,” Iga told the court.
The school’s lawyers, led by Jude Gamukama, argued that Muhumuza had committed acts of misconduct, including insubordination and abandoning duty. They said he was heard by different committees and was lawfully terminated after being paid three months’ salary instead of notice.
The school insisted that Muhumuza’s contract was terminated at the mutually exercisable right of termination and that his right to a fair hearing had not been violated.
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The Industrial Court, chaired by Justice Linda Lillian Tumusiime, rejected the school’s arguments and found that Muhumuza’s dismissal did not meet the legal threshold for fairness.
“We are not convinced that the school followed the correct procedural and substantive fairness threshold test before dismissing Muhumuza,” the court ruled.
The judges criticised the school for disciplining Muhumuza based on old allegations and for failing to properly address his original complaint.
“It is absurd that the claimant had a grievance against his fellow employee and instead of resolving it, he was subjected to disciplinary processes,” the court argued.
The court faulted the school and awarded Muhumuza Shs 33 million as severance pay for his 13 years of service and Shs 3 million as repatriation allowance.
The school was also ordered to issue Muhumuza with a certificate of service and imposed an interest of 15% per year until full payment.
