The Industrial Court has directed the Uganda Revenue Authority (URA) to pay its former compliance manager, David Kalemera, Shs 51 million in compensation for unfair termination.
Delivering the ruling, Justice Anthony Wabwire Musana faulted URA for violating its own disciplinary procedures and denying the former employee a fair hearing before dismissing him.
Court records show that in 2016, while Kalemera was on leave, he was informally summoned through his brother and instructed to report to the Internal Audit and Compliance Department (IACD) in Nakawa.
He was later arrested and detained for four days over alleged transit diversion before being charged at the Anti-Corruption Court two months later with fraudulent evasion of duty, contrary to Section 203 of the East African Community Customs Management Act, 2004.
Kalemera was eventually acquitted after a protracted trial.
Even as the criminal proceedings continued, URA in March 2017 invited him to appear before a disciplinary committee over claims that he had received Shs190 million in taxes through a personal account. He was later dismissed through a letter referencing an undisclosed investigation report, which he was never allowed to access. His request to appeal the decision was also rejected.
Through his lawyers, Kalemera petitioned the Industrial Court, arguing that the process leading to his dismissal was unjust, rushed, and predetermined, and that no concrete evidence or particulars were ever presented against him.
In its judgment, the court ruled that URA acted unlawfully by disregarding the disciplinary procedures outlined in its Human Resources Management Manual (HRMM).
“URA did not provide full particulars of the allegations against the claimant, nor did it give him adequate time to prepare his defence. This was compounded by not providing him with a copy of the investigation report and failing to call witnesses to testify against him,” Justice Musana stated.
“For these reasons, the court finds that the dismissal was procedurally unfair.”
Citing Section 67 of the Employment Act, Justice Musana emphasized that the burden of proof in cases of termination lies with the employer, who must demonstrate that the dismissal was based on valid and lawful grounds.
Consequently, the court awarded Kalemera Shs3.49 million as four weeks’ net pay, Shs6.9 million in general damages, and Shs40.5 million as a service award — bringing the total to Shs51 million.
