The Industrial Court has ruled that the compulsory retirement of former Wakiso District Assistant Records Officer, Fred Ssewanyana, was unlawful and unfair, citing violations of the rules of natural justice and constitutional protections for public servants.
In a judgment delivered in Kampala on June 10, 2026, a panel led by Justice Anthony Wabwire Musana found that Wakiso District Local Government retired Ssewanyana without giving him an opportunity to defend himself against allegations related to his academic credentials.
Court records indicate that Ssewanyana joined public service in September 1990 as a clerical officer under Mpigi District before later transferring to Wakiso District in 2002 as a Records Assistant Grade II.
He was subsequently retained as Assistant Records Officer during a restructuring exercise in 2005 after his credentials were reportedly verified and approved.
However, in April 2007, the Wakiso District Service Commission ordered his compulsory retirement, officially citing the need “to facilitate improvement and effect economy in service delivery.”
The district further stated that after reviewing and verifying his credentials, it was “not possible” to retain him in the public service.
Ssewanyana challenged the decision in the Industrial Court, arguing that he had never been subjected to disciplinary proceedings, informed of any charges, or granted a hearing before the retirement decision was made.
He also contended that anonymous complaints and advice from the Public Service Commission were used against him without being given a chance to respond.
In its defence, Wakiso District claimed that the Public Service Commission had determined that Ssewanyana’s appointment into public service was irregular because he allegedly presented a tampered Uganda Certificate of Education document and had failed English language examinations.
But the court held that although the district labelled the action as a compulsory retirement for organisational efficiency, the real basis of the decision was disciplinary in nature, arising from accusations of forged or irregular academic qualifications.
The judges ruled that once such allegations were made against an employee, the law required the employer to accord the officer a fair hearing before taking adverse action.
The court observed that there was no evidence showing Ssewanyana had been invited to answer the allegations or defend the authenticity of his academic documents.
“The bedrock of employment relations, even within the public service, remains strict adherence to procedural fairness and the rules of natural justice,” the panel stated in its decision.
The judges further held that the district’s actions violated Article 173 of the Constitution, which guarantees security of tenure for public officers, as well as provisions of the Employment Act requiring disciplinary hearings before dismissal on grounds of misconduct.
Although Ssewanyana had sought reinstatement, the court declined to return him to office, noting that nearly two decades had passed since his retirement and that he was now approaching retirement age.
Instead, the court awarded him several remedies, including UGX 27.4 million in severance pay, UGX 1.7 million as salary in lieu of notice, UGX 279,000 for transport and repatriation costs, and UGX 6.8 million in general damages for emotional and financial distress suffered as a result of the unlawful retirement.
The court also directed Wakiso District Local Government to compute and commence payment of his pension benefits within 90 days and awarded him costs of the suit.
The judgment adds to a growing body of labour jurisprudence in Uganda emphasising that employers, including public institutions, must observe due process and the right to be heard before terminating employment on grounds linked to misconduct or irregular appointments.
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