INTERSEC SECURITY COMPANY Ltd v. NSENGIYUMVA en

INTERSEC SECURITY COMPANY Ltd v. NSENGIYUMVA en

The employer failed to notify the employee of gross negligence within 48 hours as required by law, and did not substantiate the alleged gross negligence with evidence; therefore, the dismissal was unlawful and the employee is entitled to damages and counsel fees.

Citation
RLR V.2-2018
Parties
Appellant: INTERSEC SECURITY COMPANY Ltd; Respondent/cross Appellant: Nsengiyumva Ndekezi J. Damascene
Court
High Court
Jurisdiction
Rwanda
Judgment Date
20 November 2015
Case Number
RSOCA0120/15/HC/KIG
Procedural Posture
Labour Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed; cross-appeal allowed in part; damages recalculated and increased; counsel fees partially awarded.
Legal Topics
Unlawful Dismissal, Gross Negligence, Procedural Fairness, Damages, Counsel Fees
Source Language
en, rw
Labour Law Unlawful Dismissal Gross Negligence Procedural Fairness Damages Counsel Fees

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Parties

INTERSEC SECURITY COMPANY Ltd

Appellant

Nsengiyumva Ndekezi J. Damascene

Respondent/cross Appellant

Procedural Posture

Labour Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the dismissal of Nsengiyumva constituted unlawful dismissal due to failure to respect the 48-hour notification period for gross negligence
  2. 2 Whether gross negligence was substantiated as a ground for dismissal
  3. 3 Whether damages and counsel fees were properly awarded and calculated

Ratio Decidendi

The employer failed to notify the employee of gross negligence within 48 hours as required by law, and did not substantiate the alleged gross negligence with evidence; therefore, the dismissal was unlawful and the employee is entitled to damages and counsel fees.

Court Disposition

Appeal dismissed; cross-appeal allowed in part; damages recalculated and increased; counsel fees partially awarded.

Orders

  • Total damages of 2,513,800 Frw awarded to Nsengiyumva instead of 2,401,800 Frw.
  • INTERSEC SECURITY COMPANY Ltd to pay 500,000 Frw in counsel fees to Nsengiyumva.