Court upholds Cavendish lecturer’s dismissal over dual full-time employment

What the report says

The Observer reports that Uganda’s Industrial Court has rejected a case brought by Dr Fredrick Kiwuwa Lugya, a former Cavendish University Uganda lecturer, who challenged his dismissal after the university found he was also employed full-time at Makerere University. The decision was delivered by Justice Anthony Wabwire Musana with panel members Canon Amos Lapenga, Emmanuel Bigirimana and Dr Oling Dawn Kerjew.

According to the report, Lugya sued Cavendish in 2018, arguing that his termination was wrongful and unjustified and that he had not received a fair hearing. He also challenged a contract clause barring other full-time employment, saying it was too broad and an unreasonable restraint on work, and sought more than Shs 100 million for lost earnings. Cavendish denied liability, saying Lugya had violated his contract and had admitted during an internal process that he held both roles.

The court found that Lugya’s contract, effective from November 21, 2016, required him to devote his working time to Cavendish and prohibited another full-time job. The panel held that holding two full-time academic posts created an unavoidable conflict of time and loyalty, and that the university was substantively justified in dismissing him. It also rejected his argument that Cavendish was not harmed, saying that assessment was for the employer rather than the employee.

The judges also dismissed Lugya’s discrimination claim, finding he had not linked his treatment to a protected ground such as race, sex, religion, origin, HIV status or disability. The full claim was dismissed, with each side ordered to meet its own legal costs. The ruling is significant for universities and academic staff because it reinforces the enforceability of exclusivity clauses in full-time employment contracts.