Cornwell threatens to sue over unlawful termination

Cornwell Muleya.

The former Chief Executive Officer of Uganda National Airlines Company Limited (UNACL), Cornwell Muleya has written to the airline Chairman Board of Directors and Permanent Secretary Ministry of Works threatening to sue them over what he calls unlawful suspension and termination of his employment contract.

Muleya was fired in February this year by Works and Transport Minister, Gen. Edward Katumba Wamala, on the orders of President Yoweri Kaguta Museveni to pave way for investigations into allegations of financial mismanagement, collusion, and nepotism in staff recruitment among other issues.

He was replaced by Jenifer Bamuturaki, the former airline spokesperson, who is currently serving as CEO in acting capacity.

Muleya in his letter of intention to sue dated 28th March 2022, through his lawyers of Muwema and Company Advocates, says he shouldn’t have been suspended and terminated without following proper procedures of the law.

“Our client who was a technical advisor for the establishment of UNACL was, after its incorporation, appointed as its Chief Executive Officer in acting capacity for six months on 1st September 2019 and subsequently as substantive Chief Executive Officer from 1st March 2020. He was the highest -ranking executive, decision maker and Accountable Manager of the company answerable to the Board of Directors.” The lawyers wrote.

These pointed out that while their client’s employment contract provided for dismissal from employment on grounds of serious misconduct or gross negligence, it did not otherwise provide for termination.

“The then Chairman of the board issued our client with a notice of leave of absence dated 29th April 2021. This decision followed a communication from the Hon Minister, MOWT citing an alleged letter from H.E The President of Uganda about various allegations of mismanagement in the company,” the lawyers noted, adding that Muleya was “never furnished with the particulars or nature of his offence which contravened regulation 1 (11) (a) of the Disciplinary Code under Schedule 1 of the Employment Act, 2006”

Muleya is now seeking compensation of up to Shs 3.5Billion as terminal benefits and damages he has suffered as a result of the unlawful dismissal from work.

He also wants to be reinstated as the Chief Executive Officer of the company and an unconditional apology for the material inconvenience, reputational damage and loss he suffered.

The copy of this letter has already been served and received by Ministry of Finance Planning and Economic Development, Ministry of justice and Constitutional Affairs and Ministry of Works and Transport

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