IRST vs Uwituze et al. englsh version

IRST vs Uwituze et al. englsh version

The court held that the damages awarded for unlawful termination were justified and within the statutory range, that leave compensation should not be awarded to respondents who had already taken their leave, and that IRST must provide work certificates and pay proceedings and counsel fees as provided by law.

Citation
RADA0028/13/HC/NYA
Parties
Appellant: IRST; Respondent: Uwitije Claudine; Respondent: Dusabe Jeanette; Respondent: Uwimana Joselyne; Respondent: Kampire Valentine; Respondent: Kagabo Bernard; Respondent: Ntahonkuriye Jacqueline; Respondent: Nyiramihama Constance; Respondent: Ingabire Francoise; Respondent: Mukankaka Chantal
Court
High Court
Jurisdiction
Rwanda
Judgment Date
22 May 2014
Case Number
RADA0028/13/HC/NYA
Procedural Posture
Labour Law Appeal / High Court Appellate Judgment
Outcome
Appeal partially allowed; original judgment modified in part.
Legal Topics
Unlawful Termination, Employment Contract, Damages, Leave Compensation, Work Certificate, Counsel Fees
Source Language
en, rw
Labour Law Contract Law Unlawful Termination Employment Contract Damages Leave Compensation Work Certificate Counsel Fees

Case Brief

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Parties

IRST

Appellant

Uwitije Claudine

Respondent

Dusabe Jeanette

Respondent

Uwimana Joselyne

Respondent

Kampire Valentine

Respondent

Kagabo Bernard

Respondent

Ntahonkuriye Jacqueline

Respondent

Nyiramihama Constance

Respondent

Ingabire Francoise

Respondent

Mukankaka Chantal

Respondent

Procedural Posture

Labour Law Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether damages awarded for unlawful termination were in accordance with the law
  2. 2 Whether leave compensation was improperly awarded to some respondents
  3. 3 Whether additional damages and counsel fees are justified

Ratio Decidendi

The court held that the damages awarded for unlawful termination were justified and within the statutory range, that leave compensation should not be awarded to respondents who had already taken their leave, and that IRST must provide work certificates and pay proceedings and counsel fees as provided by law.

Court Disposition

Appeal partially allowed; original judgment modified in part.

Orders

  • No 2009 leave compensation to Dusabe Jeannette, Ingabire Francoise, Kampire Valentine, Uwimana Joselyne, and Kagabo Bernard.
  • IRST must deliver work certificates to all respondents.