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Rwanda decisions
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The Supreme Court held that severance pay and damages for unlawful dismissal are separate entitlements, and restored full damages without deducting severance.
The Court of Appeal dismissed a review-for-injustice request, upholding findings that the employer unlawfully terminated the employee and owed damages and costs.
The court found that the applicant's dismissal was unlawful because the employer relied solely on unmet performance targets without considering external factors (notably COVID-19) or providing adequate support, and failed to demonstrate that the targets were realistically achievable under the circumstances. The applicant is entitled to damages and reimbursement of legal costs.
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The court found that selling insurance on credit, while contrary to Central Bank regulations, was not classified as gross misconduct under the relevant Ministerial Order. SONARWA tolerated the conduct for years and did not treat it as gross misconduct until dismissal. Therefore, Havugimana's dismissal was unlawful, entitling him to damages and costs.
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Acquittal in a criminal case does not preclude disciplinary action for the same facts under administrative law; procedural irregularities in notification of dismissal do not invalidate the dismissal or entitle to damages absent proof of prejudice; the applicant failed to prove legal or factual grounds for reinstatement or damages; the appeal is dismissed and the applicant is ordered to pay costs.
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The court found that the reasons advanced by the employer for terminating the employment contract—namely, the employee's communication of staff concerns and acting as a representative—did not constitute valid grounds for dismissal under Rwandan labour law. The employee's actions were within his legal rights, and the employer failed to demonstrate any legal or factual basis for summary dismissal. Therefore, the termination was unlawful and the damages awarded were justified.
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The Supreme Court held that a public servant appointed by Prime Minister’s Order should be dismissed by Order, found the dismissal unlawful, and adjusted damages.
Ngabo's conduct—searching a vehicle while drunk and unauthorized use of an official vehicle—constituted gross misconduct under the law and RRA's Code of Conduct. The employer's decision to suspend and investigate before dismissal did not negate the grossness of the misconduct. The dismissal was lawful and justified. RRA was not entitled to damages for abuse of procedure but was awarded partial damages for losses incurred.
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The High Court partly allowed IRST’s appeal, upheld unlawful-dismissal damages, rejected some leave claims, and ordered work certificates and costs.
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