The Court of Appeal dismissed Sindizera’s review request, holding that he could not raise a new injustice ground and that the pension dispute was governed by the special pension law.
The Supreme Court partially allowed review in a labour dispute, refusing unfair-dismissal damages but ordering Hayton Ltd to pay social security contributions and fees.
The Supreme Court found Mount Meru liable in part for unlawful dismissal and occupational-accident related losses after failing to register the worker with social security.
Supreme Court review in a labour and social security dispute over unlawful dismissal, medical expenses, disability-related damages, and litigation costs.
Mount Meru unlawfully terminated Ruzibiza Aloys by failing to provide written notice and follow legal procedure, and failed to register him for social security, making it liable for compensation equivalent to statutory benefits, medical expenses, and damages. Some claims were rejected or reduced due to lack of legal basis or evidence, including carer allowance and excessive travel/medical costs.
Compensation for the fatal accident is governed by the workmen compensation insurance agreement between CRBC Ltd and SANLAM AG Plc, not by the compulsory motor vehicle insurance or tort liability. The applicants already received the due compensation under this scheme, and are not entitled to further compensation or damages.
The deceased, Mugirwanake Marcel, was a permanent employee of the Ministry of Defence/Reserve Force, as evidenced by three years of continuous monthly payments. The Ministry was legally obliged to register him for social security (RSSB) and pay contributions. Its failure to do so makes it liable to pay compensation equivalent to what RSSB would have paid to the dependents. The calculation must be based on the average salary of the last three months, with percentages allocated to the widow and children as per the law. SONARWA is only liable for the insurance payout as per contract. No party is…
Source excerpt
Employment contract status (permanent vs casual)
Employer’s obligation to register employees for social security
Calculation of compensation for work-related death
The High Court held that RSSB’s silence did not amount to granting EPR’s request, and EPR used the wrong procedure to challenge the contribution demand.
The Supreme Court found the worker had not proved regular six-month employment, rejecting illegal-dismissal damages but ordering social security contributions and partial fees.
The Supreme Court held that the claimant did not prove six continuous months of work to qualify as a permanent employee, but social security contributions were still due.