The Supreme Court found Mount Meru liable in part for unlawful dismissal and occupational-accident related losses after failing to register the worker with social security.
Supreme Court review in a labour and social security dispute over unlawful dismissal, medical expenses, disability-related damages, and litigation costs.
Claimants failed to prove financial dependence on the deceased and thus are not entitled to financial loss compensation. However, they are entitled to affection loss compensation and funeral expenses as per statutory formulas, and to procedural and counsel fees due to prevailing in the case. The claim was not prescribed due to lack of proper notification and ongoing negotiations.
Mount Meru unlawfully terminated Ruzibiza Aloys by failing to provide written notice and follow legal procedure, and failed to register him for social security, making it liable for compensation equivalent to statutory benefits, medical expenses, and damages. Some claims were rejected or reduced due to lack of legal basis or evidence, including carer allowance and excessive travel/medical costs.
The Supreme Court held that the claim was not time-barred because the insurer failed to notify claimants of the settlement proposal and negotiations were not properly terminated. There was no valid settlement as the person who signed lacked full authority. Economic damages were denied due to lack of proof of dependency or special circumstances. Moral damages were awarded as per law, deducting amounts already paid. Funeral expenses were awarded in a reasonable amount. Litigation costs and attorney fees were partially granted to claimants as prevailing parties.
The Court of Appeal accepted Sindambiwe David’s withdrawal of the suit, with the opposing party’s consent, and restored the parties to their pre-litigation positions.
The Court of Appeal held that an appeal concerning debt confirmation and distraint had to be filed within three working days, and dismissed the appeal as out of time.
The Court of Appeal dismissed an application to review a criminal judgment for new evidence, holding that a character certificate was not decisive new evidence under the Criminal Procedure Law.