The Supreme Court held that severance pay and damages for unlawful dismissal are cumulative under Rwandan labour law, and overturned the deduction made below.
The court found that the employer failed to comply with the mandatory 48-hour notification period after discovering the alleged serious misconduct, and that the disciplinary committee had only recommended a temporary suspension, not dismissal. The employer’s subsequent termination of the contract was therefore procedurally unlawful. Compensation was awarded based on six months’ net salary, and the applicant was also entitled to the 2021 bonus, legal fees, and reimbursement of court fees.
MAGERWA Ltd unlawfully dismissed the applicants by failing to provide the labour inspector with the required list of employees to be dismissed for economic reasons in advance, thereby denying the inspector the opportunity to review the process for legal compliance. This procedural failure rendered the dismissals unlawful, entitling the applicants to compensation as previously awarded by the lower court.
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 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.
The applicant failed to provide sufficient evidence that he was a permanent employee; the letters and documents submitted did not prove ongoing, regular employment. As such, he was a casual worker and not entitled to the benefits and compensation claimed. The respondent is entitled to legal costs and partial legal fees.
The High Court held that Uwingabiye Monique was unlawfully dismissed for economic reasons without the required procedure and awarded compensation and repayment of unlawful deductions.
CEB failed to provide clear, lawful, and substantiated reasons for Nyinawingoro's dismissal in the termination letter, rendering the dismissal unlawful. The employer did not meet the burden of proof required by law. The lower court correctly found for the employee, and the High Court adjusted the damages in accordance with statutory provisions.
The Supreme Court upheld Salimini Saidi’s dismissal for serious misconduct, held that criminal closure did not bar discipline, and awarded only net costs after set-off.