COURT: The Industrial Court has awarded Shs31 million in general damages to Peter Katongole for unlawful dismissal by Airtel Uganda Limited, bringing to a close a long-running labour dispute.
Katongole, a long-serving employee who worked with Airtel Uganda for 13 years, was earlier found to have been unfairly and unlawfully dismissed by Labour Officer Wilson Jingo in June 2022. The matter was subsequently referred to the Industrial Court to determine damages and costs, while Airtel challenged the ruling on appeal.
In 2023, the Industrial Court upheld the Labour Officer’s decision, affirming that Katongole’s dismissal was unlawful. Court records show that Airtel had already paid him Shs223.6 million in terminal and statutory benefits, including compensation.
However, Katongole pursued additional claims, seeking Shs3 billion in general and aggravated damages, citing reputational harm, financial loss, and emotional distress resulting from his dismissal. Airtel opposed the claim.
In his submission, Katongole maintained that throughout his tenure, he acted within company policies, including the Airtel Money Commission Claw Back Policy, and that all commission payments were duly authorised by senior management. He further argued that he had raised concerns about fraud risks but was instead subjected to a flawed disciplinary process, denied access to investigation reports, and tried by a biased committee before being summarily dismissed.
Airtel, on the other hand, defended its decision, accusing Katongole who served as Revenue Assurance and Fraud Manager of breaching his contractual duties. The company alleged that he failed to detect and escalate commission fraud flagged by its India RACE Team in February 2020.
The telecom firm further claimed that Katongole, together with a colleague, generated a parallel commission report that concealed fraudulent loop transactions, leading to wrongful commission payouts amounting to Shs1.2 billion. Airtel maintained that, following investigations and a disciplinary hearing conducted in line with company policies, Katongole was found grossly negligent and lawfully dismissed on October 6, 2020.
Despite these arguments, the court upheld earlier findings that the dismissal was unlawful. Delivering the ruling, Justice Anthony Wabwire Musana noted that while Katongole suffered inconvenience, emotional distress, and injury to his professional reputation, there was insufficient evidence to support claims of malice.
“The claimant did not provide evidence of malicious reference. Therefore, there is no basis upon which the court can impute malice or negligence,” the court ruled.
The court further held that although the dismissal was unfair, the substantial terminal benefits already paid mitigated the extent of damages.
“We are persuaded that Shs31 million in general damages is sufficient,” the ruling stated.
The court declined to award aggravated damages, citing a lack of proof of oppression, malice, or humiliation. It also ruled that each party would bear its own legal costs.
