Rwanda Case Law

DP WORLD LOGISTIC Ltd v. RUTETINDA

Court

High Court

Case number

RSOCA00219/2023/HC/KIG

The High Court found that Rutetinda Chris was unlawfully dismissed because no formal performance evaluation was conducted at the end of his probation as required by the employment contract and law. However, damages must be calculated on the net salary, not gross salary, and limited to three months' net salary due to the short duration of employment. No additional compensation for lack of notice was due as the dismissal occurred during the probation period. Legal costs and attorney fees were partially awarded to both parties according to the outcome.

Source excerpt

• Unlawful termination
• Employment contract
• Compensation for unfair dismissal
• Probation period
• Calculation of damages

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IMIRONGO CoA - No 23 - January - 2025

Court

Court of Appeal

An employer who terminates an employee without notice and without serious misconduct, and fails to provide written reasons, commits unlawful dismissal and is liable for compensation as provided by law.

Source excerpt

• Unlawful termination
• Summary dismissal
• Notice period
• Compensation for unfair dismissal
• Appeal procedure
• Mitigating circumstances

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RWANDEKEYE v. ULTIMATE FORESTS COMPANY Ltd

Court

Court of Appeal

Case number

RS/INJUST/RSOC00004/2022/CA

The Court of Appeal held that the employer’s failure to notify the proper labour inspector made the redundancy unlawful, awarding unfair-dismissal compensation.

• Unlawful termination
• Redundancy for economic reasons
• Notice requirements
• Severance pay
• Compensation for unfair dismissal
• Procedural compliance in redundancy

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NKURUNZIZA v TECOS Ltd

Court

High Court

Case number

RSOCA 00109/20224/HC/KIG

The court held that failure to submit the discrimination claim to the labour inspector did not preclude judicial review since amicable procedures were followed. The applicant was not entitled to salary equalization with engineers due to differences in qualifications. Compensation for unfair dismissal was recalculated to nine months' salary due to over ten years' service, resulting in an additional award. Claims for vexatious litigation damages were rejected for lack of substantiation. Partial legal costs and attorney fees were awarded.

Source excerpt

• Unlawful termination
• Employment discrimination
• Compensation for unfair dismissal
• Salary arrears
• Procedural requirements in labour disputes

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IMIRONGO CoA - August -October 2024

Court

Court of Appeal

The Court of Appeal held that refusing to sign a modified employment contract did not by itself justify dismissal, and awarded compensation for unlawful termination.

• Unlawful termination
• Modification of employment contract
• Employee refusal to sign new contract
• Employer's right to terminate
• Compensation for unfair dismissal
• Labour-law

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GARDAWORLD RWANDA LTD v. NDAHUMUREMYI

Court

High Court

Case number

RSOCA00001/2023/HC/KIG

The court held that the respondent was not unlawfully dismissed because the new employment contract did not diminish his rights or benefits; the refusal to sign the new contract, which preserved or improved all prior entitlements, justified termination. Compensation previously awarded for unlawful dismissal was revoked.

Source excerpt

• Employment contract transfer
• Unlawful dismissal
• Employee rights on company restructuring
• Compensation for unfair dismissal

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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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MUKANDAYISENGA vs. UNGUKA BANK Plc

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00010/2022/CA

The Court of Appeal held that Unguka Bank Plc failed to notify the labour inspector in advance of the redundancy, rendering the dismissal procedurally unlawful. However, payment in lieu of notice was legally sufficient and did not entitle the applicant to further compensation on that ground. The applicant failed to prove entitlement to a higher manager's salary or reimbursement of amounts paid under the previous judgment. Each party was ordered to bear its own costs.

Source excerpt

• Unlawful dismissal
• Redundancy for economic reasons
• Notice in employment termination
• Compensation for unfair dismissal
• Labour inspector notification

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NYIRABWIZA v UNGUKA BANK Plc

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00011/2022/CA

UNGUKA BANK Plc failed to notify the labour inspector in advance of the dismissal as required by Article 34 of Law No 13/2009, rendering the dismissal of Nyirabwiza Justine unlawful. However, the bank complied with the requirement to pay compensation in lieu of notice, so no further notice-related compensation is due. Compensation for unfair dismissal is to be calculated on the net salary. Other claims for additional damages were not substantiated and were denied.

Source excerpt

• Unlawful termination
• Redundancy for economic reasons
• Notice period
• Labour inspector notification
• Compensation for unfair dismissal
• Procedural fairness in termination

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UWINEZA v UNGUKA BANK Plc

Court

Court of Appeal

Case number

RS/INJUST/RSOC 00009/2022/CA

UNGUKA BANK Plc failed to comply with the legal requirement to notify the labour inspector in advance of the redundancy, rendering the dismissal of Uwineza Alliance unlawful. However, the employer complied with the notice requirement by paying in lieu of notice. Compensation for unfair dismissal is due, calculated on net salary for nine months, and sums previously paid by the applicant to the bank must be reimbursed. Legal costs are partially recoverable.

Source excerpt

• Unlawful termination
• Notice period
• Economic redundancy
• Labour inspector notification
• Compensation for unfair dismissal
• Procedural fairness in termination

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