The Industrial Court has ruled that the dismissal of former Sanyu FM Chief Operations Officer, Betsy Mugamba, in 2020 was lawful and justified, thus bringing to an end a five-year legal battle that started from the radio station’s Covid-19 pay cut strike.
Delivering judgment, Justice Anthony Wabwire Musana said Sanyu FM followed the law both procedurally and substantively when it terminated Mugamba’s employment after she allegedly led and participated in an unlawful strike that disrupted broadcasts during the Covid-19 lockdown.
“The strike which the claimant joined by appending her hand to the joint letter was unlawful,” Justice Musana ruled. “The respondent was justified in commencing disciplinary proceedings against her.”
Mugamba joined Sanyu FM in December 1993 as a marketing executive and rose through the ranks to become Chief Operations Officer in 2005. During the #Covid-19 lockdown in 2020, the radio station announced a 25 percent pay cut to cope with reduced advertising revenues. On June 5, 2020, twenty-seven employees, led by Mugamba, reportedly rejected the pay cut and stopped working, prompting management to accuse her of inciting and participating in an unlawful strike.
She was suspended on August 19, 2020, and after three disciplinary hearings, she was summarily dismissed on September 25, 2020. Mugamba later sued the station, claiming unfair and unlawful termination and seeking more than Shs792 million in compensation for lost income and emotional distress.
Through her lawyer, Anthony Bazira of Byenkya, Kihika & Co. Advocates, Mugamba argued that she never incited the strike but only showed solidarity with colleagues who opposed the pay cut. She told the court that she had continued working during the lockdown and only signed a protest letter in solidarity with fellow employees. Her lawyer claimed the disciplinary process was flawed and biased, saying she was ambushed with unclear charges and denied enough time to prepare her defence.
“The investigation relied on a PowerPoint presentation and hearsay, which fell short of credible evidence,” Bazira argued, urging court to find the termination unlawful and award her damages.
Lawyers Elias Matovu and Shafic Mutesasira of Mugisa, Namutale & Advocates, representing Sanyu FM, maintained that Mugamba’s dismissal was proper, citing gross misconduct and breach of trust. They argued that as a senior manager, she had a duty to ensure smooth operations, not to join a strike. Instead, she allegedly endorsed an illegal work stoppage that tarnished the company’s image.
“She was given a fair hearing. The process met all legal requirements under Section 65 of the Employment Act,” Sanyu FM’s lawyers stated, adding that Mugamba had been given seven days’ notice, legal representation, and the opportunity to cross-examine witnesses.
An internal investigation led by consultant Dr Joel Isabirye found that the strike caused severe brand damage and identified Mugamba as one of its instigators. The Industrial Court found that the disciplinary process was fair and transparent, noting that Mugamba had been properly informed of the charges and given adequate time to defend herself. The court also ruled that the strike was unlawful since staff had not notified the Labour Officer as required by the Labour Disputes (Arbitration and Settlement) Act.
“As a manager, the eyes and ears of management, she was expected to represent her employer’s interests,” Justice Musana said.
Musana added, “By endorsing an unlawful strike, she breached the duty of trust and confidence owed to her employer.”
The court noted that Sanyu FM had genuine and reasonable grounds to terminate Mugamba’s employment. Her claims for compensation were dismissed, and the judge ordered that each party should bear its own costs.
