TUYISENGE v. HAYTON LTD

TUYISENGE v. HAYTON LTD

Tuyisenge Pascal failed to prove he was a permanent employee for at least six consecutive months; thus, his dismissal was not unlawful. However, Hayton Ltd was legally obligated to pay social security contributions for him as a casual worker for the days worked. Procedural and counsel fees were partially awarded due to injustice in the prior handling of the case.

Citation
RLR V.3-2024
Parties
Applicant: Tuyisenge Pascal; Respondent: Hayton Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
12 February 2025
Case Number
RS/INJUST/RSOC 00003/2022/SC
Procedural Posture
Application for Review (labor Dispute) / Supreme Court Final Judgment
Outcome
Application for review allowed in part; prior judgment reversed in respect of social security contributions and fees.
Legal Topics
Employment Contract, Casual Workers, Unwritten Contracts, Social Security Contributions, Wrongful Dismissal, Procedural and Counsel Fees
Source Language
en
Labor Law Social Security Law Employment Contract Casual Workers Unwritten Contracts Social Security Contributions Wrongful Dismissal Procedural and Counsel Fees

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Parties

Tuyisenge Pascal

Applicant

Hayton Ltd

Respondent

Procedural Posture

Application for Review (labor Dispute) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Tuyisenge Pascal was unfairly dismissed and entitled to damages
  2. 2 Whether Hayton Ltd was obligated to pay social security contributions for Tuyisenge Pascal
  3. 3 Whether procedural and counsel fees should be awarded

Ratio Decidendi

Tuyisenge Pascal failed to prove he was a permanent employee for at least six consecutive months; thus, his dismissal was not unlawful. However, Hayton Ltd was legally obligated to pay social security contributions for him as a casual worker for the days worked. Procedural and counsel fees were partially awarded due to injustice in the prior handling of the case.

Court Disposition

Application for review allowed in part; prior judgment reversed in respect of social security contributions and fees.

Orders

  • Hayton Ltd to pay social security contributions for Tuyisenge Pascal for days worked in 2016 and 2017 based on 1363 Frw per day.
  • Hayton Ltd to pay counsel and procedural fees: 300,000 Frw (Intermediate Court), 300,000 Frw (High Court), 800,000 Frw (Supreme Court).