The Court of Appeal held that the employerâs failure to notify the proper labour inspector made the redundancy unlawful, awarding unfair-dismissal compensation.
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.
BRALIRWA Plc did not have valid economic grounds for terminating Nzaramba Pierre Celestin, failed to notify the labour inspector and provide written notice as required by law, and thus the dismissal was unlawful. Damages must be calculated on the net salary actually received (785,370 Frw), not the higher amount claimed. Nzaramba's cross-appeal for additional sums and recalculation of severance on a higher salary was rejected due to lack of evidence and failure to timely claim the increased salary.
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.
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.