BIZUMUREMYI N’ABANDI v JIANGXI WATER AND HYDROPOWER CONSTRUCTION ® Ltd

BIZUMUREMYI N’ABANDI v JIANGXI WATER AND HYDROPOWER CONSTRUCTION ® Ltd

Applicants were not permanent employees but casual workers, as their contracts were for fixed terms, paid by hours worked, and salaries varied monthly. No evidence proved unlawful dismissal; thus, no damages are due. However, the employer must provide social security contributions for periods worked and employment certificates if not already given.

Citation
RS/INJUST/RSOC 00003/2024/CA CMB RS/INJUST/RSOC 00003/2025/CA-RS/INJUST/RSOC 00002/2025/CA-RS/INJUST/RSOC 00001/2025/CA
Parties
Applicant: Bizumuremyi Emmanuel, Irankunda Jérémie, Misago Vincent, Nizeyimana Schadrack, Maniraguha Egide, Rutayisire Emmanuel, Ndayisabye Pierre, Nsengumuremyi Révérien, Niyonzima Théophile, Tuyisenge Emmanuel, Uzabakiriho Joseph; Respondent: JIANGXI WATER AND HYDROPOWER CONSTRUCTION ® Ltd
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
30 May 2025
Case Number
RS/INJUST/RSOC 00003/2024/CA CMB RS/INJUST/RSOC 00003/2025/CA-RS/INJUST/RSOC 00002/2025/CA-RS/INJUST/RSOC 00001/2025/CA
Procedural Posture
Labour Dispute / Appeal (court of Appeal, After Review for Injustice)
Outcome
Partially allowed; applicants' claims succeed only regarding social security contributions and employment certificates. All other claims, including damages, are dismissed.
Legal Topics
Employment Contracts, Casual Workers, Permanent Employment, Unlawful Dismissal, Social Security Contributions, Employment Certificates
Source Language
rw
Labour Law Employment Contracts Casual Workers Permanent Employment Unlawful Dismissal Social Security Contributions Employment Certificates

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Parties

Bizumuremyi Emmanuel, Irankunda Jérémie, Misago Vincent, Nizeyimana Schadrack, Maniraguha Egide, Rutayisire Emmanuel, Ndayisabye Pierre, Nsengumuremyi Révérien, Niyonzima Théophile, Tuyisenge Emmanuel, Uzabakiriho Joseph

Applicant

JIANGXI WATER AND HYDROPOWER CONSTRUCTION ® Ltd

Respondent

Procedural Posture

Labour Dispute / Appeal (court of Appeal, After Review for Injustice)

Legal Issues

  1. 1 Whether the applicants were permanent employees or casual workers
  2. 2 Whether the applicants were unlawfully dismissed and entitled to damages
  3. 3 Whether the applicants are entitled to social security contributions and employment certificates

Ratio Decidendi

Applicants were not permanent employees but casual workers, as their contracts were for fixed terms, paid by hours worked, and salaries varied monthly. No evidence proved unlawful dismissal; thus, no damages are due. However, the employer must provide social security contributions for periods worked and employment certificates if not already given.

Court Disposition

Partially allowed; applicants' claims succeed only regarding social security contributions and employment certificates. All other claims, including damages, are dismissed.

Orders

  • JIANGXI WATER AND HYDROPOWER CONSTRUCTION ® Ltd must pay any outstanding social security contributions to RSSB for periods applicants worked.
  • JIANGXI WATER AND HYDROPOWER CONSTRUCTION ® Ltd must provide employment certificates to applicants who have not received them.