SEBERA v. RWANDA DEVELOPMENT BOARD (RDB)
RDB unlawfully dismissed Sebera by failing to conduct a proper performance evaluation as required by ministerial instructions and by exceeding the lawful period of provisional suspension. The process lacked transparency and justification, making the dismissal unlawful and entitling Sebera to damages.
Source-derived case information.
- Citation
- RLR V. 4 - 2015
- Parties
- Appellant: Sebera Jean Damascène; Respondent: Rwanda Development Board (RDB)
- Court
- Supreme Court
- Jurisdiction
- Rwanda
- Judgment Date
- 14 November 2014
- Case Number
- RADA 0024/13/CS
- Procedural Posture
- Administrative Appeal / Supreme Court Judgment
- Outcome
- Appeal allowed in part
- Legal Topics
- Unlawful Dismissal, Public Service Employment, Damages for Wrongful Termination, Performance Evaluation Procedures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sebera Jean Damascène
Appellant
Rwanda Development Board (RDB)
Respondent
Procedural Posture
Administrative Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether Sebera was unlawfully dismissed by RDB
- 2 Whether proper performance evaluation procedures were followed
- 3 Entitlement to damages for unlawful dismissal
Ratio Decidendi
RDB unlawfully dismissed Sebera by failing to conduct a proper performance evaluation as required by ministerial instructions and by exceeding the lawful period of provisional suspension. The process lacked transparency and justification, making the dismissal unlawful and entitling Sebera to damages.
Court Disposition
Appeal allowed in part
Orders
- RDB to pay Sebera damages of 5,823,144 Frw for unlawful dismissal
- RDB to pay 1,000,000 Frw for procedural and counsel fees
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