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Court summons Uganda Airlines over sacked CEO Cornwell Muleya

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Uganda Airlines has been summoned by Industrial Court to file their defence over the unlawful suspension and termination of the employment contract of former Chief Executive Officer (CEO) Cornwell Muleya.

Through his lawyers of Muwema & Co Advocates, Muleya dragged the airline to court saying there was no factual, contractual or legal basis for the impugned action of disregarding the due process when they unlawfully suspended and subsequently terminated his contract of employment.

“Take notice that a Memorandum of Claim has been filed in the Industrial Court at Kampala in which you (Uganda National Airlines Co. Ltd) are named as a Respondent. Service of summons on you was ordered to be by this Notice,” part of the court summons read.

The airline has been given seven days from today to file their response or the suit will be determined in their absence.

“Unless you file a Response within seven days from the date of receipt of this notice, the suit will be heard and determined in your absence,” the summon reads.

Muleya seeks Shs 3,545,186,318 in total in terms of damages and other costs including salary arrears and gratuity among others. He also wants immediate reinstatement as the Chief Executive Officer of the company.

The Works and Transport Minister, Gen. Edward Katumba Wamala suspended Muleya and 12 other top officials on April 21, 2021, on the orders of President Yoweri Museveni to pave way for investigations into allegations of financial mismanagement, collusion, and nepotism in staff recruitment among other issues.

According to Muleya, the said suspension was illegal on two grounds; the Permanent Secretary of the Works ministry had no power to suspend him under the governance structure of the airline and that the power vests exclusively in the Board of Directors. Secondly, the suspension was illegal because it exceeded the maximum period of four weeks allowed under Section 63 (2) of the Employment Act, 2006.

He protested against the directive terming it illegal and contrary to the law vide his letter dated 27th May 2021 to the company’s secretary but was never favored with a response.

Upon expiry of the suspension period on 27th November 2021, Muleya says he was still kept out of office without any justification and/or legal sanction.

He says despite leveling serious allegations of mismanagement against him, he was neither furnished with the particulars of the mismanagement nor accorded an opportunity to respond to the said allegations before sending him on leave of absence.

Muleya explained that whereas his employment contract provided for dismissal from employment on grounds of serious misconduct or gross negligence, it did not provide for termination of the contract.

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