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Rwanda decisions
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The Supreme Court held that severance pay and damages for unlawful dismissal are separate entitlements, and restored full damages without deducting severance.
The Supreme Court held that severance pay and damages for unlawful dismissal are cumulative under Rwandan labour law, and overturned the deduction made below.
The Court of Appeal dismissed Baho International Hospital Ltd’s appeal seeking to suspend execution of a labour judgment pending revision proceedings.
The Supreme Court held that compensation for unlawful dismissal must be calculated on the net salary actually received by the employee, not the gross salary, and that the High Court erred in using the gross salary. The correct net salary was determined from payslips and bank records, and the compensation was recalculated accordingly, deducting amounts already paid as severance.
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The Supreme Court held that compensation for permanent disability below 30% must be calculated using the statutory minimum wage (SMIG) as per Presidential Order No. 31/01, Article 17. For loss of earning capacity, the Court found that Cwinyaai provided sufficient evidence of employment through a salary certificate, and that damages should be calculated based on his net salary. The lower court's awards were adjusted accordingly.
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The Court of Appeal dismissed Niyonsaba François’s request to interpret a prior judgment, holding that he was really challenging the merits rather than seeking clarification.
Permanent disability from a traffic accident entitles the victim to economic loss and career prejudice compensation regardless of whether employment or income was lost, provided the disability is medically certified. Career prejudice compensation is not limited to those who lost jobs but extends to anyone whose professional prospects are diminished by the injury. Dependency claims by adults require proof of actual support and need. For self-employed or informal workers, damages are calculated on net income or sector benchmarks. Compulsory motor insurance does not cover workplace accidents, wh…
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The core holding is that the Court of Appeal's precedents from July 2022 to June 2025 establish binding interpretations on jurisdiction, procedure, evidence, remedies, and substantive law across civil, commercial, labour, administrative, insurance, family, tax, and criminal matters. Lower courts and litigants must follow these lines unless overruled or changed by law. Procedural compliance, evidentiary sufficiency, and adherence to statutory and contractual obligations are mandatory. Remedies are limited to those proven and allowed by law. Precedent is binding unless expressly overruled.
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The Court of Appeal held that the workers were casual employees, not permanent staff, but ordered the employer to pay outstanding social security contributions and issue employment certificates.
Applicants were not permanent employees but casual workers under fixed-term, hourly contracts; no evidence of unlawful dismissal was established; thus, no damages are due. However, the employer must pay any outstanding social security contributions and issue work certificates to applicants who have not received them.
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