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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 of Appeal held that Tumwesige Dinah was unlawfully dismissed for economic reasons because the labour-inspector procedure was not followed.
The High Court found that Rutetinda Chris was unlawfully dismissed because no formal performance evaluation was conducted at the end of his probation as required by the employment contract and law. However, damages must be calculated on the net salary, not gross salary, and limited to three months' net salary due to the short duration of employment. No additional compensation for lack of notice was due as the dismissal occurred during the probation period. Legal costs and attorney fees were partially awarded to both parties according to the outcome.
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Mount Meru unlawfully terminated Ruzibiza Aloys by failing to provide written notice and follow legal procedure, and failed to register him for social security, making it liable for compensation equivalent to statutory benefits, medical expenses, and damages. Some claims were rejected or reduced due to lack of legal basis or evidence, including carer allowance and excessive travel/medical costs.
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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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The Court of Appeal dismissed a review-for-injustice request, upholding findings that the employer unlawfully terminated the employee and owed damages and costs.
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 court held that failure to submit the discrimination claim to the labour inspector did not preclude judicial review since amicable procedures were followed. The applicant was not entitled to salary equalization with engineers due to differences in qualifications. Compensation for unfair dismissal was recalculated to nine months' salary due to over ten years' service, resulting in an additional award. Claims for vexatious litigation damages were rejected for lack of substantiation. Partial legal costs and attorney fees were awarded.
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The Court of Appeal held that refusing to sign a modified employment contract did not by itself justify dismissal, and awarded compensation for unlawful termination.
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