Rwanda Case Law

KAYITESI vs. ADEPR

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00005/2023/CA

Kayitesi Joselyne was unlawfully dismissed because ADEPR failed to notify the labour inspector of the redundancy list before her dismissal, violating Article 21 of the Labour Law and established Supreme Court precedent. She is entitled to compensation for unfair dismissal and for untaken annual leave, calculated on her net salary. Other claims, including for salary arrears, additional damages, and legal costs, were not substantiated or are not legally justified.

Source excerpt

• Unlawful dismissal
• Redundancy for economic and technological reasons
• Notice to labour inspector
• Compensation for unfair dismissal
• Annual leave compensation
• Burden of proof in civil cases

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KAYITESI vs. ADEPR

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00005/2023/CA

Kayitesi Joselyne was unlawfully terminated because ADEPR failed to notify the labour inspector of the list of employees to be terminated before the termination took effect, violating Article 21 of Law No 66/2018. She is entitled to damages equivalent to nine months' net salary and compensation for untaken annual leave. Other claims were denied due to lack of evidence or legal basis.

Source excerpt

• Unlawful termination
• Notice requirements
• Severance pay
• Annual leave compensation
• Burden of proof
• Statutory interpretation

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KAYITESI v ADEPR

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00005/2023/CA

The Court of Appeal held that Kayitesi Joselyne was unlawfully dismissed by ADEPR for economic reasons because the labour inspector was not notified in advance.

• Unlawful termination
• Severance pay
• Labour inspector notification
• Annual leave compensation
• Covid-19 salary reduction
• Procedural fairness in dismissal

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