KK Security v. Harerimana et al

KK Security v. Harerimana et al

KK Security failed to comply with the mandatory redundancy procedure under article 29, did not prove payment of extra-time and holiday allowances, and the statute of limitations was interrupted by labor inspectorate proceedings. Damages for non-delivery of work certificate and additional allowances were not due as employees did not request or collect them and such allowances were included in salary. Only the counsel's honorary was modified to a single fee.

Citation
[2016] 3 RLR
Parties
Appellant: KK Security; Respondents: Harerimana Enos and others (MUNYANEZA Jean, SAFARI Théogène, GASORE Jean Baptiste, MUNYANSHONGORE Théodore, HARINDINTWARI Augustin, UWIZERA Sadock, SEBAGABO Prince, HAGENIMANA Moussa, SETAKWE André, MWUNGURA André, MBERWA Innocent, SEBASONI Jérôme)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
11 November 2008
Case Number
R.SOC.AA 006/07/CS
Procedural Posture
Labour Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed except for modification of counsel's honorary; incidental appeal dismissed; High Court judgment modified only as to counsel's honorary.
Legal Topics
Unfair Dismissal, Redundancy Procedure, Burden of Proof for Salary Payment, Statute of Limitations in Salary Claims, Damages for Non Delivery of Work Certificate, Inclusion of Allowances in Salary
Source Language
en, rw
Labour Law Unfair Dismissal Redundancy Procedure Burden of Proof for Salary Payment Statute of Limitations in Salary Claims Damages for Non Delivery of Work Certificate Inclusion of Allowances in Salary

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Parties

KK Security

Appellant

Harerimana Enos and others (MUNYANEZA Jean, SAFARI Théogène, GASORE Jean Baptiste, MUNYANSHONGORE Théodore, HARINDINTWARI Augustin, UWIZERA Sadock, SEBAGABO Prince, HAGENIMANA Moussa, SETAKWE André, MWUNGURA André, MBERWA Innocent, SEBASONI Jérôme)

Respondents

Procedural Posture

Labour Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether KK Security complied with legal procedure for redundancy dismissals under article 29 of Law no 51/2001
  2. 2 Whether the employer met the burden of proof for salary and allowances paid
  3. 3 Whether the statute of limitations barred the salary claims

Ratio Decidendi

KK Security failed to comply with the mandatory redundancy procedure under article 29, did not prove payment of extra-time and holiday allowances, and the statute of limitations was interrupted by labor inspectorate proceedings. Damages for non-delivery of work certificate and additional allowances were not due as employees did not request or collect them and such allowances were included in salary. Only the counsel's honorary was modified to a single fee.

Court Disposition

Appeal dismissed except for modification of counsel's honorary; incidental appeal dismissed; High Court judgment modified only as to counsel's honorary.

Orders

  • KK Security to pay 300,000 Rwf as counsel's honorary.
  • KK Security to pay total damages of 20,362,528 Rwf to respondents.