UB CONSULT Ltd Rwanda vs RWIRIMA

UB CONSULT Ltd Rwanda vs RWIRIMA

The court held that Rwirima Celestin was an employee of UB Consult Ltd despite the absence of a written contract, as the employment relationship was evidenced by the parties' conduct and payment of salary. The lack of a written contract did not invalidate the employment relationship. However, Rwirima's period of service was less than ten years, so severance pay for unlawful dismissal was limited to six months’ salary, not nine. The lower court’s award was reduced accordingly.

Citation
RSOCA 00006/2020/HC/NYZ
Parties
Appellant: UB Consult Ltd Rwanda; Respondent: Rwirima Celestin
Court
High Court
Jurisdiction
Rwanda
Judgment Date
30 March 2021
Case Number
RSOCA 00006/2020/HC/NYZ
Procedural Posture
Labour Appeal / High Court Appellate Judgment
Outcome
Appeal partially allowed; lower court judgment varied as to quantum of damages.
Legal Topics
Employment Contract Validity, Unlawful Dismissal, Calculation of Severance Pay, Burden of Proof in Employment Disputes
Source Language
rw
Labour Law Employment Contract Validity Unlawful Dismissal Calculation of Severance Pay Burden of Proof in Employment Disputes

Case Brief

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Parties

UB Consult Ltd Rwanda

Appellant

Rwirima Celestin

Respondent

Procedural Posture

Labour Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether Rwirima Celestin was an employee of UB Consult Ltd
  2. 2 Whether the lack of a written employment contract invalidated the employment relationship
  3. 3 Whether Rwirima was entitled to severance pay equivalent to nine months' salary

Ratio Decidendi

The court held that Rwirima Celestin was an employee of UB Consult Ltd despite the absence of a written contract, as the employment relationship was evidenced by the parties' conduct and payment of salary. The lack of a written contract did not invalidate the employment relationship. However, Rwirima's period of service was less than ten years, so severance pay for unlawful dismissal was limited to six months’ salary, not nine. The lower court’s award was reduced accordingly.

Court Disposition

Appeal partially allowed; lower court judgment varied as to quantum of damages.

Orders

  • UB Consult Ltd to pay Rwirima Celestin severance pay of 1,500,000 RWF (six months’ salary) for unlawful dismissal.
  • UB Consult Ltd to pay Rwirima Celestin 50,000 RWF for case follow-up costs.