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Rwanda decisions
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The Court of Appeal held that the workers were casual employees, not permanent staff, but ordered the employer to pay outstanding social security contributions and issue employment certificates.
Applicants were not permanent employees but casual workers under fixed-term, hourly contracts; no evidence of unlawful dismissal was established; thus, no damages are due. However, the employer must pay any outstanding social security contributions and issue work certificates to applicants who have not received them.
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The Supreme Court dismissed a review-for-injustice application by former workers of BGM Rwanda, finding they failed to prove continuous employment or a fixed salary.
The High Court upheld damages against Rusizi District after it stopped contract-based vehicle support payments following the employee’s transfer.
Digest of Court of Appeal precedents on arbitration waiver, settlement finality, sentencing mitigation, evidence, appeals, narcotics, and property division.
A Court of Appeal digest from May 2023 summarizing precedents on arbitration waiver, notarial settlement finality, sentencing discretion, confessions, and appeal procedure.
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.
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Semali Alfred was a public employee subject to the General Statute and required to take the oath. His refusal, even on religious grounds, did not exempt him from this statutory obligation. The employer lawfully terminated his employment for failure to comply. However, the employer failed to provide a work certificate upon dismissal and is liable for compensation equivalent to one month's salary. No damages are owed to the employer for being sued, as there was no evidence of malicious litigation.
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The Supreme Court held that a public institution employee was subject to the public service statute and could be dismissed for refusing to take the oath.
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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