The court further directed Wakiso District Local Government to compute and commence payment of Ssewanyana’s pension benefits within 90 days and file proof of compliance before the court registrar.
The Industrial Court of Uganda has ruled in favor of former Wakiso District Assistant Records Officer Fred Ssewanyana, declaring that his compulsory retirement from public service was unlawful and unfair due to a violation of his right to a fair hearing.
In a landmark judgment delivered on June 10, 2026, Justice Anthony Wabwire Musana, together with panelists Hon. Can Amos Lapenga, Hon. Emmanuel Bigirimana, and Hon. Dr. Oling Dawn Kerjew, found that Wakiso District Local Government failed to follow the principles of natural justice before retiring Ssewanyana from service.
Ssewanyana joined public service in September 1990 as a clerical officer under Mpigi District before rising through the ranks to become an Assistant Records Officer. He was transferred to Wakiso District in 2002 and later retained in his position during a government restructuring exercise in 2005 after his academic credentials were verified and found satisfactory.
Four Remanded Over Murder of Rugby Cranes Player Sydney Gongodyo
However, in April 2007, the Wakiso District Service Commission ordered his compulsory retirement, citing the need to facilitate improvement and economy in service delivery. The retirement letter also indicated that further examination and verification of his credentials had made it impossible to retain him in service.
Aggrieved by the decision, Ssewanyana challenged the retirement, arguing that he had never been informed of any allegations against him, charged with misconduct, or given an opportunity to defend himself. He maintained that his dismissal was based on undisclosed complaints and advice from the Public Service Commission regarding his academic qualifications.
During the proceedings, the court established that the actual reason for Ssewanyana’s retirement was not organizational restructuring as stated in the retirement letter, but allegations that he had presented a tampered Uganda Certificate of Education document and had failed the English language examination, making his appointment irregular.
The judges observed that despite the seriousness of the allegations, Ssewanyana was never summoned, notified of the accusations, or accorded a hearing before the decision to retire him was made.
The court emphasized that once allegations likely to negatively affect an employee are raised, the employee must be given a fair opportunity to respond. It noted that the right to be heard is a fundamental principle of natural justice protected under the Constitution, employment laws, and international labour standards.
Justice Musana held that Wakiso District’s action amounted to condemning the claimant unheard and disguising a disciplinary action as a retirement exercise aimed at improving efficiency.
“The claimant’s compulsory retirement was unlawful and unfair,” the court ruled.
Although Ssewanyana had sought reinstatement, the court declined the request, noting that nearly two decades had passed since his retirement and that returning him to service was no longer practical.
Instead, the court awarded him a compensation package totaling over Shs36 million. The award includes Shs27.4 million in severance pay, Shs1.7 million as salary in lieu of notice, Shs279,000 for transport and repatriation costs, and Shs6.85 million in general damages for the emotional and financial suffering caused by the unlawful retirement.
The court further directed Wakiso District Local Government to compute and commence payment of Ssewanyana’s pension benefits within 90 days and file proof of compliance before the court registrar.
Interest at six percent per annum was also awarded on the financial compensation from the date of dismissal until full payment, while the claimant was granted costs of the suit.
The judgment reinforces the obligation of public institutions to adhere to due process and uphold employees’ constitutional rights before taking disciplinary or administrative actions that affect their careers and livelihoods.