Rwanda Case Law

HAVUGIMANA vs. SONARWA GENERAL INSURANCE COMPANY Ltd

Court

High Court

Case number

RSOCA 00035/2022/HC/KIG

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.

Source excerpt

• Unlawful termination
• Gross misconduct
• Employment contract
• Labour procedure
• Damages for wrongful dismissal

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RLR-V.4-2019

Court

Supreme Court

Ndakengerwa Gasana Aimable was lawfully dismissed for gross misconduct, specifically for attempting to use his position to detain a person for personal reasons, which constitutes a serious disciplinary fault aggravated by his status as a senior official. The closing of the criminal file did not preclude disciplinary action. The sanction of dismissal was appropriate, proportionate, and imposed following the correct legal procedure, including consultation with the relevant ministry.

Source excerpt

• Disciplinary sanctions
• Gross misconduct
• Criminal liability and disciplinary proceedings
• Aggravating circumstances
• Dismissal of public servants

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KIGALI CITY v NDAKENGERWA GASANA

Court

Supreme Court

Case number

RS/REV/INJUST/RAD00005/2018/SC

The Supreme Court held that closure of the criminal file did not bar discipline and upheld the dismissal of a Kigali City director for gross misconduct.

• Disciplinary sanctions
• Gross misconduct
• Criminal vs disciplinary liability
• Leadership code of conduct
• Dismissal of public servants
• Disciplinary-sanctions

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NGABO v. RWANDA REVENUE AUTHORITY (R.R.A)

Court

Supreme Court

Case number

RADA 0013/12/CS

Ngabo's actions—searching a vehicle while intoxicated, delaying passengers, and driving a work vehicle without authorization—constituted gross misconduct under the law and R.R.A. regulations, justifying summary dismissal. The disciplinary process, including suspension and investigation, did not negate the seriousness of the misconduct. The dismissal was lawful and in accordance with statutory and internal procedures.

Source excerpt

• Summary dismissal
• Gross misconduct
• Employment contract termination
• Employee rights
• Employer disciplinary procedures

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BIZIMANA v. CIMERWA Ltd

Court

High Court

Case number

R.S0C.A 0003/13/HC/RSZ

The High Court upheld a summary dismissal for gross misconduct, holding that Rwandan labour law does not require 48 hours’ notice or damages for failure to give it.

• Summary dismissal
• Gross misconduct
• Final settlement
• Notice requirements
• Damages for unlawful termination
• Labour-law

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