KAYITESI v ADEPR

KAYITESI v ADEPR

Kayitesi Joselyne was unlawfully dismissed because ADEPR failed to notify the labour inspector of the list of employees to be dismissed before her termination, violating Article 21 of the Labour Law and established Supreme Court precedent. She is entitled to compensation for unlawful dismissal and for untaken annual leave, but not for other claims such as salary arrears, additional damages, or attorney fees, as the evidence did not support those claims and both parties partially succeeded on different issues.

Citation
RS/INJUST/RSOC 00005/2023/CA
Parties
Applicant: Kayitesi Joselyne; Respondent: ADEPR
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
22 December 2023
Case Number
RS/INJUST/RSOC 00005/2023/CA
Procedural Posture
Labour Appeal / Court of Appeal Judgment on Review for Injustice
Outcome
Partially allowed; appeal on review for injustice succeeds in part.
Legal Topics
Unlawful Termination, Severance Pay, Labour Inspector Notification, Annual Leave Compensation, COVID 19 Salary Reduction, Procedural Fairness in Dismissal
Source Language
rw
Labour Law Unlawful Termination Severance Pay Labour Inspector Notification Annual Leave Compensation COVID 19 Salary Reduction Procedural Fairness in Dismissal

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Parties

Kayitesi Joselyne

Applicant

ADEPR

Respondent

Procedural Posture

Labour Appeal / Court of Appeal Judgment on Review for Injustice

Legal Issues

  1. 1 Whether Kayitesi Joselyne was unlawfully dismissed from employment by ADEPR
  2. 2 Whether Kayitesi Joselyne is entitled to damages for unlawful dismissal and other claims
  3. 3 Whether the parties are entitled to costs and attorney fees

Ratio Decidendi

Kayitesi Joselyne was unlawfully dismissed because ADEPR failed to notify the labour inspector of the list of employees to be dismissed before her termination, violating Article 21 of the Labour Law and established Supreme Court precedent. She is entitled to compensation for unlawful dismissal and for untaken annual leave, but not for other claims such as salary arrears, additional damages, or attorney fees, as the evidence did not support those claims and both parties partially succeeded on different issues.

Court Disposition

Partially allowed; appeal on review for injustice succeeds in part.

Orders

  • ADEPR to pay Kayitesi Joselyne RWF 1,783,116 as compensation for unlawful dismissal.
  • ADEPR to pay Kayitesi Joselyne RWF 198,124 as compensation for untaken annual leave for 2020.