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Rwanda decisions
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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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Dismissal of Muganga Eugénie while she was imprisoned and unable to inform her employer until release constitutes unlawful dismissal; employer's continued treatment of absence as misconduct after notification violates labour 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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The High Court held that a summary dismissal for gross misconduct can be lawful where the 48-hour notice rule is met. The appeal was dismissed.
The Supreme Court held that the employee committed serious misconduct justifying dismissal, but awarded compensation because statutory notice and certificate requirements were breached.
Ngabo's actions—searching a vehicle while intoxicated, delaying passengers, and driving a work vehicle without authorization—constituted gross misconduct under the law and R.R.A. regulations, justifying summary dismissal. The disciplinary process, including suspension and investigation, did not negate the seriousness of the misconduct. The dismissal was lawful and in accordance with statutory and internal procedures.
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The High Court upheld a summary dismissal for gross misconduct, holding that Rwandan labour law does not require 48 hours’ notice or damages for failure to give it.
The Supreme Court held that RRA failed to prove gross misconduct justifying summary dismissal without notice and awarded compensation, notice pay, severance, and overtime.
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