MUGANGA v HOPITAL LA CROIX DU SUD
Muganga Eugénie’s absence was due to lawful detention, and she notified her employer upon release. The employer’s continued treatment of her absence as job desertion and subsequent dismissal was unlawful. The law and Supreme Court precedent require suspension, not termination, in such circumstances. Damages for unlawful dismissal are warranted; claims for annual leave and work certificate are inadmissible as they were not raised in prior proceedings.
Source excerpt
- Unlawful dismissal
- Suspension of employment contract
- Job desertion
- Damages for unfair dismissal
- Procedural and advocate fees