Sudhir Wins Again! Betsy Mugamba Loses Five-Year Legal Battle Against Sanyu FM

By Frank Kamuntu

The Industrial Court has ruled that the 2020 dismissal of former Sanyu FM Chief Operations Officer, Betsy Mugamba, was lawful and justified, bringing to an end a five-year legal battle arising from a staff strike over COVID-19 salary cuts.

Delivering judgment, Justice Anthony Wabwire Musana held that Sanyu FM had acted both procedurally and substantively within the law when terminating Mugamba’s 27-year employment.

Mugamba, who joined Sanyu FM in December 1993 as a marketing executive and rose to the position of Chief Operations Officer in 2005, was among 27 employees who, in June 2020, protested a 25 percent pay cut introduced to cushion the radio station from declining revenues during the COVID-19 lockdown.

According to court documents, the employees led by Mugamba rejected the pay cut and stopped working, an action that disrupted broadcasts and dented the station’s public image. Management later accused Mugamba of inciting and participating in an unlawful strike.

She was suspended on August 19, 2020, and following three disciplinary hearings held between August and September, was summarily dismissed on September 25, 2020.

Mugamba, represented by Anthony Bazira of Byenkya, Kihika & Co. Advocates, sued Sanyu FM for unfair and unlawful termination, seeking Shs 792 million in compensation for lost income and emotional distress. Her lawyer argued that she did not lead a strike but had merely signed a protest letter “in solidarity” with colleagues, claiming that the pay cut was imposed without consultation and that she had continued working during the lockdown.

Bazira also contended that the disciplinary process was biased and irregular, alleging that Mugamba had been ambushed with vague charges and denied sufficient time to prepare her defence.

Sanyu FM, through its lawyers Elias Matovu and Shafic Mutesasira of Mugisa, Namutale & Advocates, maintained that the dismissal was lawful. They argued that as a senior manager, Mugamba was obligated to ensure continuity of operations, not to endorse an illegal strike that crippled broadcasts and tarnished the brand.

An internal investigation led by Dr. Joel Isabirye found that the strike had caused “severe brand damage” and identified Mugamba as one of its key instigators.

After reviewing evidence from both sides, the court ruled that Mugamba was given seven days’ notice, allowed legal representation, and permitted to cross-examine witnesses thereby satisfying all requirements of a fair hearing under Section 65 of the Employment Act.

The court further found that the strike was unlawful because Sanyu FM, classified as an essential service provider during the COVID-19 lockdown, had not given the mandatory notice to the Labour Officer as required under the Labour Disputes (Arbitration and Settlement) Act.

Justice Musana noted that Mugamba’s decision to endorse the protest letter breached the trust and confidence expected of a senior manager.

“As a manager, the eyes and ears of management, she was expected to represent her employer’s interests. By endorsing an unlawful strike, she breached the duty of trust owed to her employer,” the judge stated.

The court concluded that Sanyu FM had genuine and reasonable grounds for dismissal and that Mugamba was not entitled to compensation or damages. However, it directed that each party should bear its own legal costs.

The judgment marks a significant precedent in employment relations, underscoring the accountability of senior managers in maintaining workplace discipline even during times of crisis.