UWINGABIYE v EAR DIOCESE YA SHYIRA

UWINGABIYE v EAR DIOCESE YA SHYIRA

EAR Diyoseze ya Shyira unlawfully terminated Uwingabiye Monique by failing to follow statutory procedures for economic dismissal, specifically not preparing and submitting the required list of employees to the Labour Inspector. Salary deductions (1/10) were made unlawfully and must be refunded with interest. The...

Source-derived case information.

Citation
RSOCA 00014/2022/HC/MUS
Parties
Applicant: Uwingabiye Monique; Respondent: EAR Diyoseze ya Shyira
Court
High Court
Jurisdiction
Rwanda
Judgment Date
27 April 2023
Case Number
RSOCA 00014/2022/HC/MUS
Procedural Posture
Labour Appeal / High Court Appellate Judgment
Outcome
Appeal partly allowed. Judgment of lower court reversed in part.
Legal Topics
Unlawful Termination, Employment Contract, Severance Pay, Salary Deductions, Employee Rights
Source Language
rw
Labour Law Unlawful Termination Employment Contract Severance Pay Salary Deductions Employee Rights

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Parties

Uwingabiye Monique

Applicant

EAR Diyoseze ya Shyira

Respondent

Procedural Posture

Labour Appeal / High Court Appellate Judgment

  1. 1 Whether Uwingabiye Monique was unlawfully terminated by EAR Diyoseze ya Shyira
  2. 2 Whether the applicant is entitled to compensation for unlawful termination
  3. 3 Whether salary deductions (1/10) were lawful and refundable

Ratio Decidendi

EAR Diyoseze ya Shyira unlawfully terminated Uwingabiye Monique by failing to follow statutory procedures for economic dismissal, specifically not preparing and submitting the required list of employees to the Labour Inspector. Salary deductions (1/10) were made unlawfully and must be refunded with interest. The applicant is entitled to compensation for unlawful termination and related damages, but not for claims regarding the work certificate or RSSB contributions as those were either provided or not substantiated.

Court Disposition

Appeal partly allowed. Judgment of lower court reversed in part.

Orders

  • EAR Diyoseze ya Shyira to pay Uwingabiye Monique compensation for unlawful termination (9 months’ salary at 288,994 Frw per month, totaling 2,600,946 Frw).
  • Refund of unlawfully deducted salary (1/10) totaling 3,809,438 Frw plus interest of 304,757 Frw, total 4,114,195 Frw.