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Rwanda decisions
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The Court of Appeal held that Tumwesige Dinah was unlawfully dismissed for economic reasons because the labour-inspector procedure was not followed.
MAGERWA Ltd unlawfully dismissed the applicants by failing to provide the labour inspector with the required list of employees to be dismissed for economic reasons in advance, thereby denying the inspector the opportunity to review the process for legal compliance. This procedural failure rendered the dismissals unlawful, entitling the applicants to compensation as previously awarded by the lower court.
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The High Court held that the applicant was dismissed unlawfully, found the employer had not proved the misconduct, and awarded salary-based compensation.
CEB failed to provide clear, lawful, and substantiated reasons for Nyinawingoro's dismissal in the termination letter, rendering the dismissal unlawful. The employer did not meet the burden of proof required by law. The lower court correctly found for the employee, and the High Court adjusted the damages in accordance with statutory provisions.
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Rwanda Supreme Court held that statutory termination entitlements cannot be deducted from unlawful-dismissal damages and awarded bonus, prime de bilan, and costs.
The Supreme Court held that BK unlawfully suspended Habimana after his provisional release and awarded only salary for the unlawful suspension period.
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