Court Orders Uganda Civil Aviation Authority to Compensate Wrongfully Dismissed Whistleblower
The Industrial Division of the High Court has ruled that the Uganda Civil Aviation Authority (UCAA) must pay over 26 million Ugandan Shillings to a former employee who was unlawfully terminated after exposing a wildlife smuggling operation at Entebbe International Airport.
Justice Anthony Wabwire Musana presided over the case of Arnold Olweny Bonaventure, a former security assistant, who was dismissed in 2018 following his role in reporting the smuggling of 12 rhino horns.
The court found that the UCAA’s termination of Olweny was both procedurally and substantively unfair, as he was denied a fair hearing. Consequently, the court awarded him general damages equivalent to one year’s salary, amounting to UGX 25,957,800.
Background of the Case
According to court records, on August 18, 2017, Olweny, then a security assistant, grew suspicious of a bag handled by a loader and a passenger. He alerted officials from the Uganda Wildlife Authority (UWA) and his supervisor, leading to a coordinated operation. The intervention uncovered 12 rhino horns concealed in the passenger’s luggage and resulted in an arrest.
Paradoxically, Olweny was later implicated in the same crime. He was arrested, suspended on half pay on August 31, 2017, and charged in court. However, the Director of Public Prosecutions (DPP) later discharged him after security footage confirmed he was the whistleblower, not a facilitator.
Despite this clearance, UCAA subjected him to disciplinary proceedings. Olweny objected to the committee on grounds of bias. In January 2018, he received a termination letter dismissing him without a hearing. An internal appeal was swiftly rejected in February 2018.
Court’s Reasoning on Compensation
While the court ruled in Olweny’s favor, the awarded sum was significantly less than the UGX 300 million he had sought. The judge stated that the higher claim was “excessive and unsupported.”
The court reasoned that awarding general damages exceeding UGX 207 million—Olweny’s total earnings over his seven-year tenure—would be unjustified without aggravating circumstances. It also dismissed claims for future lost earnings, describing them as “speculative.”
“The contention that the claimant was deprived of seventy-two months’ pay… is speculative. The Industrial Court has previously declined to grant prospective earnings as a remedy, and we would likewise decline,” the ruling stated.
The court noted that Olweny, who was earning UGX 2,163,150 per month at the time of termination, had already been paid his notice pay, accumulated leave, and service gratuity.
Other Claims Dismissed
The court dismissed Olweny’s other financial claims, citing a lack of sufficient evidence. The case was initially filed at the Entebbe Labour Office, which ruled in his favor but referred the compensation matter to the Industrial Court for final determination.
This ruling highlights the legal protections for whistleblowers and the obligations of employers to follow fair disciplinary procedures, even as it sets a precedent for moderating compensation claims to align with proven damages.
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