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An employer who terminates an employee without notice and without serious misconduct, and fails to provide written reasons, commits unlawful dismissal and is liable for compensation as provided by law.
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The applicant was not dismissed for gross misconduct as defined by law; the employer failed to prove the alleged misconduct met the legal threshold and did not follow proper procedures. Therefore, the dismissal was unlawful, entitling the applicant to damages, severance, notice pay, and partial salary for February 2012.
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Payment of compensation equivalent to the notice period, including double compensation when dismissal occurs during maternity leave, satisfies the legal requirements for termination of employment. Therefore, the dismissal was not unlawful, and the employee is not entitled to additional damages.
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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.
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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.
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Payment of salary and benefits in lieu of notice, including double compensation when dismissal occurs during leave, satisfies the legal requirements for termination. The absence of written notice does not make the dismissal unlawful if the statutory compensation is paid. The damages awarded at first instance were not justified as the employer complied with the law.
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The Supreme Court found that Niwemugeni Jeannette was lawfully dismissed for misconduct (misuse of medical insurance), that the employer provided sufficient evidence, and that disciplinary action did not require prior criminal conviction or court confirmation of gross negligence. The damages for lack of notice were properly calculated as net salary after deductions. The applicant's claim for review was without merit, and the respondent's counterclaim for counsel fees was partially granted.
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Banki ya Kigali Ltd unlawfully terminated Mitimituje Gaëtan by failing to follow statutory redundancy procedures, including ranking employees and notifying the labour inspector. Compensation must be calculated based on the average monthly salary excluding bonuses, holiday pay, and pension contributions. Severance and notice payments already made are deducted. Compensation awarded by the court is not subject to income tax. Mitimituje is entitled to compensation for unlawful termination, incomplete employment certificate, holiday pay, and legal costs.
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ADRA failed to demonstrate compliance with legal requirements for redundancy, including objective selection and notification. Urujeni's total continuous service since 2005 entitled her to severance and notice based on full period. Delay in issuing employment certificate justified damages. ADRA's appeal lacked merit; only minor adjustment to attorney fees and costs was warranted.
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The High Court held that a transferred employee could not be placed on a new probation period, and found Uwamaliya Floride’s dismissal unlawful.
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