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The Court of Appeal held that Kayitesi Joselyne was unlawfully dismissed by ADEPR for economic reasons because the labour inspector was not notified in advance.
The Court of Appeal held that Unguka Bank Plc failed to notify the labour inspector in advance of the redundancy, rendering the dismissal procedurally unlawful. However, payment in lieu of notice was legally sufficient and did not entitle the applicant to further compensation on that ground. The applicant failed to prove entitlement to a higher manager's salary or reimbursement of amounts paid under the previous judgment. Each party was ordered to bear its own costs.
Source excerpt
UNGUKA BANK Plc failed to notify the labour inspector in advance of the dismissal as required by Article 34 of Law No 13/2009, rendering the dismissal of Nyirabwiza Justine unlawful. However, the bank complied with the requirement to pay compensation in lieu of notice, so no further notice-related compensation is due. Compensation for unfair dismissal is to be calculated on the net salary. Other claims for additional damages were not substantiated and were denied.
Source excerpt
UNGUKA BANK Plc failed to comply with the legal requirement to notify the labour inspector in advance of the redundancy, rendering the dismissal of Uwineza Alliance unlawful. However, the employer complied with the notice requirement by paying in lieu of notice. Compensation for unfair dismissal is due, calculated on net salary for nine months, and sums previously paid by the applicant to the bank must be reimbursed. Legal costs are partially recoverable.
Source excerpt
The High Court allowed UNGUKA Bank’s appeal, held the redundancy process complied with labour law, reversed the damages award, and ordered costs against Nyirabwiza.
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