Lecturer sues UB

Oarabile Mosikare | Tuesday February 17, 2015 16:56

 

In a letter dated February 9, Felix Masunga, explained he was employed as a lecturer in the Department of Mechanical Engineering on a renewable fixed term employment contract expiring on September 3, 2014. But days after that date, he was informed that the contract had not been renewed. 

“Our client was assigned official duties by the University beyond the date of expiry of his employment, in particular a letter dated the 8th September 2014 from the university assigned our client official duties to make a presentation on Friday the 18th of September 2014,” wrote Masunga’s lawyer Anthony Manenji, to the UB director of human resources.

Manenji said on October 6, 2014 Masunga received a letter from UB that his contract that was to have expired on September 3, 2014, would not be renewed. “It is common knowledge that up to the 6th of October 2014 our client had continued to carry out his official duties, at the instance of the University and with its knowledge. We advise that our client had a legitimate expectation that his contract was to be renewed since he had continued to work beyond the expiry of his contract and his position was still available at the university. Moreso our client had a clean employment record and had not faced any disciplinary action.”

The attorney said alternatively by conduct of both his client and the university, the contract of employment was mutually renewed by conduct beyond September 3, 2014 when he was required to work after the operative date and he did work. “In the circumstances we advise that your letter of the 6th October 2014 advising the non renewal of a contract whose expiry date has passed with both parties fully engaged, amounts to an illegal termination of a contract that had been renewed by operation of the law.

“In short we demand that our client be reinstated with effect from the 6th October 2014, with full salary and benefits, within five days of receipt of this letter. In any case he is entitled to the salary for the period he worked beyond the 3rd of September 2014. Should this demand not be met within the said five days after receipt hereof, we have instructions to sue for reinstatement, alternatively damages, with costs at attorney client scale bearing heavily on university coffers.”

At the time of going to press the UB had not responded to a Mmegi questionnaire on the matter.