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Rwanda decisions
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The Supreme Court held that severance pay and damages for unlawful dismissal are separate entitlements, and restored full damages without deducting severance.
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.
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The Court of Appeal held that the employer’s failure to notify the proper labour inspector made the redundancy unlawful, awarding unfair-dismissal compensation.
The High Court dismissed the appeal, holding that severance and notice pay remain due on lawful termination for restructuring or economic reasons.
The High Court held that suspension beyond 90 days is treated as termination with severance, not unlawful dismissal, and partly revised the lower court’s awards.
Kayitesi Joselyne was unlawfully terminated because ADEPR failed to notify the labour inspector of the list of employees to be terminated before the termination took effect, violating Article 21 of Law No 66/2018. She is entitled to damages equivalent to nine months' net salary and compensation for untaken annual leave. Other claims were denied due to lack of evidence or legal basis.
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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 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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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.
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