Kyambogo University has been ordered by the Industrial Court to compensate a former kitchen attendant with nearly Shs19 million after finding that she suffered unfair treatment and discrimination during her years of employment. The ruling, delivered in Kampala on October 27, 2026, also requires the university to pay interest, notice compensation and part of her legal costs.
The case involves Magdalene Atono, who worked at the institution for more than a decade but was never confirmed as a permanent employee. The court found that the university treated her differently from colleagues performing similar duties, without providing sufficient justification for the difference in their employment conditions.
Atono began working at Uganda Polytechnic Kyambogo in May 2000 as a casual worker earning Shs40,000 per month. When the institution merged into Kyambogo University in 2003, she continued working under the new institution. She later served under repeated short-term contracts before her employment ended in December 2012.
The court questioned the university’s decision to place Atono on salary scale M20 instead of the approved M15 scale for kitchen attendants. Under the disputed arrangement, she earned Shs201,422 monthly, while colleagues on the M15 scale received additional benefits that brought their monthly package to approximately Shs260,729. The court also examined records showing that four colleagues in similar positions had been confirmed as permanent staff while Atono remained on temporary contracts.
Kyambogo University argued that Atono did not meet a requirement for a credit in English contained in a recruitment advertisement issued in 2012. However, the court rejected this argument, noting that the job requirements under the university’s 2009 staff structure called for an O-Level certificate. It found that the university had failed to provide adequate evidence justifying her placement on the disputed salary scale or her continued exclusion from permanent employment.
In its ruling, the court awarded Atono Shs8,996,952 in salary arrears covering November 2009 to December 2012, with annual interest of 10 per cent. It also ordered the university to pay Shs10 million in exemplary damages for unfair discrimination, with annual interest of 10 per cent from October 27, 2026. The two awards total Shs18,996,952 before interest, excluding other payments and legal costs.
However, the court did not rule in Atono’s favour on every claim. It found that her employment ended when her final fixed-term contract expired and rejected her request for Shs10 million in general damages for unlawful termination. The court also declined to award compensation over alleged unpaid National Social Security Fund contributions because the available evidence was insufficient, although it suggested that NSSF could investigate the matter.
The case, Magdalene Atono v Kyambogo University, Labour Dispute Claim No. 13 of 2015, was decided by a panel headed by Industrial Court Head Judge Justice Linda Lillian Tumusiime Mugisha. The court said the exemplary damages were intended to discourage similar treatment of employees in the future. Kyambogo University had reportedly been contacted for comment on the decision and whether it planned to appeal.
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