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The Court of Appeal held that Nzaramyimana Alphonse was unlawfully dismissed from public service because the Ministry relied on an unapproved draft job profile.
The High Court upheld most of the lower court’s ruling, confirming unlawful dismissal findings, rejecting reinstatement, and awarding compensation based on net salary and suspension pay.
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 High Court upheld most of the lower court’s ruling, confirmed unlawful dismissal, denied reinstatement, and adjusted compensation and salary awards.
The Supreme Court held that the employee’s long suspension and retroactive dismissal were unlawful, but rejected several other monetary claims for lack of proof.
Hakizumwami was dismissed without being notified of the draft sanction and without being given an opportunity to provide further explanation, as required by law for second-degree disciplinary measures. This procedural violation rendered the dismissal unlawful, entitling him to compensation, though reduced due to his contributory fault.
Source excerpt
The dismissal of Hakizumwami Safari Josué was unlawful because RRA failed to follow the mandatory procedure of notifying him of the proposed sanction and allowing a second response before imposing a second-degree sanction (dismissal), as required by the Public Service Statute. Compensation is awarded based on the monthly salary multiplied by six, reflecting the court's discretion and the employee's partial fault.
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