CORNERED! Madhvani’s Excel Construction bosses reveal why they fire injured workers

Excel construction bosses have come out to clear the air on reports regarding the plight of injured workers.

In our Tuesday publication we revealed how Excel Construction ltd bosses are on spot for reportedly firing workers who sustain injuries in the course of their duties at either their headquarters in eastern town of Jinja or at various firm’s sites.

Reports indicate that these lost their jobs without sufficient or zero compensation yet they sustained injuries that can’t allow them to do heavy duties again.

They are reportedly soon preparing for a legal showdown with Excel bosses to claim their compensation.

Early this year, John Kirya, while operating a Hydraulic brick making machine (designed to make concrete and clay bricks), broke his hand. This was in Garuga, Entebbe, where Excel had been contracted by Pearl Marina Estates Limited, to construct modern homes there. He would later lose his job because he had nothing of value to offer the company. However, Excel’s Human Resource manager, Bashir Nasasira told us that this is not entirely true. According to Bashir, it is true Kirya sustained an injury. He says the company catered for all his medical expenses. He said later on medics issued a Temporary Total Disability report and he was placed on a paid leave. This is one of the four divisions of disability compensable under workers compensation. This level of disability reflects an injury that has rendered the employee completely unable to perform any job functions on a temporary basis. Bashir further adds that their insurers-UAP-went on to issue a discharge voucher which Kirya signed on. Bashir adds that the company was shocked to learn that Kirya had run to legal advisors lamenting how he had not been compensated. Bashir says Kirya has since then become uncooperative.

“We did everything to help him. We spent about Shs900000 on treatment. He got his leave salary of about Shs1.2m…after we started hearing him say that the company ate his money. We have now realized we have to claim for a permanent disability compensation…. He is not a patient man and remember he is not the only person we have to work on, there are others. Why does he think he is special? You know insurance things can take some time to process. No one wants to use his money. UAP sends money first to the company account and later forwarded by the financial controller to the intended beneficiary. Let him be cooperative and once the process is finished he will receive it,” Bashir clarified.

Still this year, Joseph Mulema, a loader under the stores department, while performing his duties at Excel’s Jinja headquarters, broke his foot. This was after Door plates he was loading accidentally fell on him. He cannot walk. It is now about seven months since he got the injury. His job is no more. According to Bashir, Mulema is still undergoing treatment, seven months now, at the expense of Excel. That he is also still getting his full salary. He confirms that his insurance has not yet been processed.

In 2020, Kwir Samwir, while operating a Hydraulic brick making machine (designed to make concrete and clay bricks), lost two fingers accidently. This was at one of the East African Packaging Solutions Limited, Buikwe-Njeru projects executed by Excel. He could no longer perform according to the company’s expectations and resultantly lost his job. The same goes for Kenneth Kirya, a mechanic. He, in 2020, lost one and half fingers while servicing one of the operating machines at National Teachers’ College, Kaliro. He also lost his job. Bashir says being new in office, he doesn’t know about these two cases but promised to get back to us after getting updates on them.

Insiders also told this publication that in 2016, one Isabirye, a turn-man also lost his job after sustaining chest injuries. He was reportedly hit by a crane while lifting a mixer machine. Since he was not in office by then, the little information Bashir has is that Isabirye went to labour court and he was duly compensated.

Excel Construction Ltd. was incorporated in 1992 as a Joint Venture between the Madhvani Group Ltd. and Gomba Construction Company Ltd and by virtue of majority shareholding is a local Ugandan Construction Firm. The company operates nationally and regionally from its Head Office in Jinja and liaison Office in Kampala and is one of the leading players in the Ugandan Construction Industry.

Parliament in 2000 enacted the Workman’s Compensation Act, which sets the standards for employee compensation in case of death or injury (diseases, ailments, fractures) name it. The Act also deals with notice of accident and insurance. The exception is personnel of the armed forces. The employer is immediately required to report to the labour officer of the area the accident causing injury or death of an employee.

According to the act, compensation may not be payable unless notice of the accident has been given to the employer by or on behalf of the worker as soon as is reasonably practicable, and in any case within one month after the date when the accident occurred or within three months after the date the symptoms of the occupational disease became apparent; but no notice is required where it is shown that the employer was aware of the accident or disease at or about the time it occurred or at the time when the symptoms became evident, or for any reasonable cause.

To calculate the claims, the monthly earnings of a worker, the law states are computed in a manner best calculated to give the rate per month at which the worker has been remunerated during the twelve months immediately preceding the accident and the computation of annual earnings shall be a multiple of twelve of that sum.

If an employee for example loses two limbs, according to the law, that is equivalent to 100 per cent of a current point. Each currency point is Shs20,000, meaning the victim will receive Shs2m on the basis of the law. This then is reconciled with the insurance coverage by the employer.

However, in terms of insurance coverage by employers, the terms vary from one insurance company to another and employers negotiate differently with the insurance companies. Companies usually do not tell employees how much their insurance premium is worth, and that is where problems arise.

Where permanent total incapacity results from any injury, the amount of compensation shall be a sum equal to sixty months’ earnings. Where an injury is such as to be likely to require the injured worker to have the constant assistance of another person on a permanent basis, then the amount of compensation payable shall be increased by one-quarter. However, this is different when there is permanent partial incapacity.

Then there is also temporary incapacity. Whether total or partial, results from the injury, the compensation shall be either a lump sum or periodic payments as the court may order, having regard to the circumstances in which the accident took place, the probable duration of the incapacity of the worker, the injuries suffered by the worker and the financial consequences for the worker and his or her dependents.

The period covered by hospitalisation or absence from duty certified necessary by a medical practitioner shall be regarded as a period of temporary total incapacity irrespective of the outcome of the injury, and any period subsequent but preceding final assessment of disability shall be regarded as a period of temporary partial incapacity, both periods being continuous with each other, variations in payments notwithstanding; and the maximum duration of periodical payments under this section shall not exceed ninety-six months, except where in the opinion of a medical practitioner, the period of incapacity is longer, it may be extended beyond the ninety-six months. (DO YOU HAVE ANY COMPLAINT REGARDING UNFAIRNESS AT WORK STATION? CALL/TEXT/ WHATSAPP RED PEPPER ON 0777959024 OR EMAIL: REDPEPPERTIPS@GMAIL.COM. ALSO, RING US IF YOU HAVE A HOT STORY (CHEATERS, DIVORCE, VIDEOS, CORRUPTION, LAND WRANGLES, EXPOSES …ETAL) YOU WOULD LIKE US TO PUBLISH.)

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