HATEGEKIMANA v HAYTON Ltd (1)

HATEGEKIMANA v HAYTON Ltd (1)

Hategekimana Bonaventure did not prove he worked for Hayton Ltd in a continuous, regular manner for at least six months to qualify as a permanent employee; thus, he was a casual worker and not unlawfully dismissed. However, Hayton Ltd is required by law to pay social security contributions for all employees, including casual workers, for the period Hategekimana worked.

Citation
RS/INJUST/RSOC 00007/2022/SC
Parties
Applicant: Hategekimana Bonaventure; Respondent: Hayton Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
14 April 2023
Case Number
RS/INJUST/RSOC 00007/2022/SC
Procedural Posture
Labour Dispute / Supreme Court Review (revision)
Outcome
Partially allowed
Legal Topics
Employment Contract, Termination of Employment, Social Security Contributions, Employee Status (casual Vs Permanent), Compensation of Legal Costs
Source Language
rw
Labour Law Social Security Law Employment Contract Termination of Employment Social Security Contributions Employee Status (casual Vs Permanent) Compensation of Legal Costs

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Parties

Hategekimana Bonaventure

Applicant

Hayton Ltd

Respondent

Procedural Posture

Labour Dispute / Supreme Court Review (revision)

Legal Issues

  1. 1 Whether Hategekimana Bonaventure was unlawfully dismissed and entitled to compensation
  2. 2 Whether Hayton Ltd is liable to pay social security contributions for Hategekimana Bonaventure

Ratio Decidendi

Hategekimana Bonaventure did not prove he worked for Hayton Ltd in a continuous, regular manner for at least six months to qualify as a permanent employee; thus, he was a casual worker and not unlawfully dismissed. However, Hayton Ltd is required by law to pay social security contributions for all employees, including casual workers, for the period Hategekimana worked.

Court Disposition

Partially allowed

Orders

  • Hayton Ltd to pay social security contributions for Hategekimana Bonaventure for days worked in 2016 and 2017.
  • Hayton Ltd to pay legal costs and advocate fees: 300,000 Frw (Nyagatare Intermediate Court), 300,000 Frw (Rwamagana High Court), 800,000 Frw (Supreme Court).