HAKIZUMWAMI v. RWANDA REVENUE AUTHORITY

HAKIZUMWAMI v. RWANDA REVENUE AUTHORITY

Hakizumwami was dismissed without being notified of the draft sanction and without being given an opportunity to provide further explanation, as required by law for second-degree disciplinary measures. This procedural violation rendered the dismissal unlawful, entitling him to compensation, though reduced due to his...

Source-derived case information.

Citation
RADA0036/13/CS
Parties
Applicant: Hakizumwami Safari Josué; Respondent: Rwanda Revenue Authority
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
23 December 2014
Case Number
RADA0036/13/CS
Procedural Posture
Labour/administrative / Supreme Court Appeal
Outcome
Appeal partially allowed; High Court decision modified in part.
Legal Topics
Unlawful Dismissal, Public Service Employment, Procedural Fairness, Compensation for Wrongful Termination
Source Language
rw
Labour Law Administrative Law Unlawful Dismissal Public Service Employment Procedural Fairness Compensation for Wrongful Termination

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Parties

Hakizumwami Safari Josué

Applicant

Rwanda Revenue Authority

Respondent

Procedural Posture

Labour/administrative / Supreme Court Appeal

  1. 1 Whether Hakizumwami Safari Josué was lawfully dismissed from public employment
  2. 2 Whether due process was followed in the imposition of disciplinary sanction
  3. 3 Entitlement to compensation for unlawful dismissal

Ratio Decidendi

Hakizumwami was dismissed without being notified of the draft sanction and without being given an opportunity to provide further explanation, as required by law for second-degree disciplinary measures. This procedural violation rendered the dismissal unlawful, entitling him to compensation, though reduced due to his contributory fault.

Court Disposition

Appeal partially allowed; High Court decision modified in part.

Orders

  • Rwanda Revenue Authority to pay Hakizumwami Safari Josué compensation for unlawful dismissal in the amount of 1,035,000 RWF and legal fees/attorney's fees of 1,000,000 RWF, totaling 2,035,000 RWF.
  • Rwanda Revenue Authority to pay court costs.