The Supreme Court found that KCB Bank Rwanda Ltd lawfully terminated Niwemugeni Jeannette's employment for a valid reason—misuse of medical insurance—supported by sufficient evidence. The employer was not required to await a criminal conviction before taking disciplinary action. Compensation in lieu of notice was properly paid net of taxes. The applicant's claims of unlawful dismissal and entitlement to further compensation were rejected.
Source excerpt
Termination of employment
Notice and severance pay
Employee misconduct
Burden of proof in dismissal
Distinction between disciplinary and criminal liability
The Supreme Court found that KCB Bank Rwanda Ltd lawfully dismissed Niwemugeni Jeannette for a valid reason (misuse of medical insurance for an unauthorized person), provided sufficient evidence of misconduct, and paid compensation in lieu of notice net of taxes as required by law. The employer was not required to await the outcome of criminal proceedings or a prior court finding of serious fault before dismissal. The applicant's claims were unfounded and prior lower court decisions were upheld.