The Court of Appeal dismissed Muhire Constantin’s review claim, holding that passing the exam did not guarantee appointment and prior misconduct could justify non-appointment.
The High Court dismissed Bikorimana’s appeal, holding that he failed to prove RDB was liable for damage caused by an employee acting within employment duties.
The High Court held that the appeal was not received because the appellant filed grounds after the deadline; later additions were not mere clarifications.
The High Court upheld most of the lower court ruling, confirmed unlawful dismissal, refused reinstatement because the post had been lawfully filled, and awarded compensation and costs.
The incident was not a road traffic accident but a workplace accident involving misuse of vehicle equipment; thus, the employer is vicariously liable for damages caused by the employee acting within the scope of employment. The lower court's award of damages was within its discretionary powers, and the appeal lacked merit.
Applicant failed to provide evidence of forced resignation or unlawful dismissal; admission of voluntary resignation letter and lack of proof of coercion means respondent prevails. Compensation claims are denied; respondent is awarded costs for unnecessary litigation.
Mutware Jean de Dieu proved he performed the same work as the prior Cash Management Officer but was paid less. GT Bank Rwanda Plc failed to provide objective and reasonable grounds for the salary difference. The Court held that the applicant was entitled to the unpaid net salary difference for 17 months, recalculated notice allowance and termination benefits based on the correct gross salary, and awarded counsel fees.
The applicant proved he performed the same work as his predecessor at the Cash Management Officer position but was paid less. The employer failed to provide objective and reasonable grounds for the salary disparity and did not produce evidence to justify the difference. The court held that the applicant was entitled to the salary difference for 17 months, recalculated notice allowance and termination benefits based on the higher salary, and awarded counsel's fees. The court reaffirmed that net salary, not gross, is payable for such claims.
The High Court held GT Bank liable in tort for negligence by its employees and ordered damages after Bazambanza was wrongfully detained and later acquitted.