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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.
EAR Diyoseze ya Shyira unlawfully dismissed Uwingabiye Monique by failing to follow the legal procedure for economic dismissals, specifically not preparing or submitting the required list to the Labour Inspector. Salary deductions for tithe were made unlawfully as the proper legal process was not followed. Uwingabiye Monique is entitled to compensation for unlawful dismissal and refund of unlawfully deducted amounts with interest.
Source excerpt
The High Court held that Uwingabiye Monique was unlawfully dismissed for economic reasons because the employer failed to follow statutory redundancy procedures.
The High Court has jurisdiction to hear disputes regarding execution of its own judgments. There is no statutory limitation period for filing such disputes. Salary arrears awarded to the applicant are subject to statutory deductions (income tax, pension, health insurance), but other damages awarded by the court must be paid in full as ordered, unless reversed on appeal. Court fees and counsel fees are awarded at the court's discretion.
Source excerpt
The High Court held that execution disputes belong before the court that gave the final judgment, and that statutory deductions apply only to salary arrears, not other awards.
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