Overview:
In its ruling, the court awarded Mr Arnold Olweny Bonaventure Shs25.9 million in general damages, equivalent to one year’s salary, after finding that his termination by UCAA was procedurally unfair.
The Industrial Division of the High Court has ordered the Uganda Civil Aviation Authority (UCAA) to compensate a former employee who was unlawfully dismissed after exposing an attempted wildlife smuggling operation at Entebbe International Airport.
In its ruling, the court awarded Mr Arnold Olweny Bonaventure Shs25.9 million in general damages, equivalent to one year’s salary, after finding that his termination by UCAA was procedurally unfair.
At the time of his dismissal, Mr Olweny was earning a monthly salary of Shs2.16 million and had served the authority for seven years. The court noted that he had already been paid notice, accumulated leave and service gratuity, and therefore limited compensation to general damages.
“Taking into account the claimant’s monthly earnings, length of service and the payments already made, an award equivalent to one year’s salary is adequate compensation,” the court held.
However, the court rejected Mr Olweny’s claim for Shs300 million in damages, describing it as excessive and unsupported by evidence. The judges reasoned that awarding damages exceeding Shs207 million — the total salary he earned during his entire period of employment — would be unjustified in the absence of aggravating circumstances.
The court also dismissed claims for future earnings, ruling that such compensation would be speculative. It cited earlier decisions in which the Industrial Court declined to award prospective salary as a remedy in cases of unlawful dismissal.
The case stems from an incident on August 18, 2017, when Mr Olweny, then a security assistant at Entebbe International Airport, became suspicious of luggage handled by a loader and later checked in by a passenger. He alerted his supervisors and the Uganda Wildlife Authority (UWA), triggering an operation that uncovered 12 rhino horns concealed in the passenger’s bag and led to an arrest.
Despite initiating the interception, Mr Olweny was later arrested and accused of facilitating the smuggling. On August 31, 2017, UCAA suspended him on half pay and subjected him to criminal proceedings.
Following a review of airport surveillance footage, the Director of Public Prosecutions dropped the charges, confirming Mr Olweny’s role as a whistleblower rather than a suspect.
Nonetheless, UCAA proceeded with internal disciplinary action. Mr Olweny objected to the process, citing bias by the disciplinary committee. In January 2018, he was terminated without a hearing. An appeal to the UCAA Managing Director was rejected days later.
Mr Olweny subsequently lodged a complaint of unlawful dismissal at the Entebbe Labour Office, seeking Shs300 million in compensation and asking the authority to clear a Shs30 million salary loan. While the Labour Officer ruled that his dismissal was unlawful, the question of compensation was referred to the Industrial Court.
Justice Anthony Wabwire Musana, who presided over the matter, upheld the finding of unlawful termination but dismissed Mr Olweny’s additional claims, citing insufficient evidence.