The Court of Appeal rejected a review-for-injustice request, upheld prior rulings, and found the employer unlawfully dismissed the employee without following required procedures.
The Supreme Court dismissed a review-for-injustice application by former workers of BGM Rwanda, finding they failed to prove continuous employment or a fixed salary.
The dismissal of Muhutukazi was based on a legitimate motive (removal of a parcel without authorization) and she was given an opportunity to defend herself in writing, as required by law at the time. Therefore, her dismissal was not unfair and she is not entitled to damages for unfair dismissal. Claims for extra hours and annual gratification were denied due to lack of authorization and not meeting eligibility criteria. Vested rights were not awarded as her salary was increased under a new contract. She was awarded compensation for acting as DAF and reimbursement of Social Security deduction,…
NPA-Rwanda failed to comply with mandatory redundancy procedures under Article 21 of the Labour Law, including consultation and objective selection, rendering Munini Patrick’s dismissal unlawful and entitling him to compensation and related relief.
The Supreme Court found Niyonagize Augustave was unlawfully dismissed by Koperative Duhuzumurimo wa Karoti and awarded compensation, unpaid salary, notice pay, and costs.
If a bank unfairly dismisses an employee who received a loan at a preferential employee rate, the rate remains applicable for repayment; the bank cannot benefit from its own breach by increasing the rate. Excess interest deducted due to the bank's unilateral rate increase must be refunded with accrued interest at the commercial rate used by the bank during the deduction period.
The Supreme Court partly allowed review of an unfair dismissal case, recalculated damages using the last net salary and allowances, and refused new claims outside the review scope.
The Supreme Court awarded damages for unfair dismissal, held the review was limited to issues raised, and refused new claims for reinstatement and a work certificate.
The Supreme Court held that terminal benefits could not be deducted from unfair-dismissal damages and awarded pro-rata bonus and performance allowances.