Kampala, Uganda – In a landmark ruling that underscores the accountability of senior executives during workplace crises, the Industrial Court has dismissed a lawsuit filed by Betsy Mugamba, the former Chief Operations Officer (COO) of Sanyu FM, declaring her 2020 termination lawful and justified.
Mugamba, a veteran employee who spent 27 years at the radio station—starting as a marketing executive in December 1993 and ascending to COO in 2005—sued her former employer for over Shs 792 million in damages, citing unfair dismissal and emotional distress. The dispute originated from a staff strike she allegedly led in June 2020, protesting a 25% salary cut imposed amid the COVID-19 lockdown’s revenue slump.
The strike involved 27 employees who halted work, causing broadcast disruptions and what Sanyu FM described as “severe brand damage.” Management suspended Mugamba on August 19, 2020, following an internal investigation by consultant Dr. Joel Isabirye, which pinpointed her as a key instigator. She was formally dismissed on September 25, 2020, after three disciplinary hearings, on grounds of gross misconduct and breach of trust.
Through her lawyer, Anthony Bazira of Byenkya, Kihika & Co. Advocates, Mugamba argued that she did not incite the action but merely signed a protest letter “in solidarity” with colleagues. She contended that the pay cut was enacted without consultation, that she continued working during the lockdown, and that the disciplinary process was flawed—relying on hearsay evidence, a PowerPoint presentation, vague charges, and insufficient preparation time. Bazira emphasized procedural biases and the absence of an appeal mechanism, drawing on legal precedents to demand compensation.
Sanyu FM, defended by Elias Matovu and Shafic Mutesasira of Mugisa, Namutale & Advocates, countered that Mugamba, as a senior manager, had a fiduciary duty to safeguard operations and represent the employer’s interests. The station maintained that she received seven days’ notice for hearings, legal representation, and the chance to cross-examine witnesses, fully complying with Section 65 of the Employment Act. Crucially, they highlighted the strike’s illegality under the Labour Disputes (Arbitration and Settlement) Act, as the station—an essential service provider during the pandemic—was not notified to the Labour Officer beforehand.
Presiding Justice Anthony Wabwire Musana, alongside a three-member panel, sided with Sanyu FM in the judgment, affirming the dismissal’s procedural and substantive fairness. “As a manager, the eyes and ears of management, she was expected to represent her employer’s interests,” Musana stated. “By endorsing an unlawful strike, she breached the duty of trust and confidence owed to her employer.” The court ruled that Mugamba had no entitlement to compensation or damages, with each party ordered to cover its own costs, effectively ending the five-year legal saga.
The decision has broader implications for labor relations in Uganda, particularly in media and essential services sectors. It reinforces that strikes without proper notification can be deemed unlawful, especially during national emergencies, and holds senior staff to heightened standards of loyalty. Legal experts suggest it may deter similar actions in future economic downturns, prioritizing operational continuity.
Neither party has issued public statements immediately following the ruling, but Bazira expressed disappointment, noting his client’s intent to review options for appeal. Sanyu FM’s management has yet to comment, though the verdict vindicates their handling of the 2020 crisis.
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