employment
status.
It observes
in this regard that, as it concluded earlier, the
Supreme Court, after examining the pleadings filed by the Applicant, concluded
that he was a contracted staff and could not therefore be governed by the Law on
the General Rules and Regulations of the Rwandan Civil Service. The Supreme
Court therefore found that the prior notice was not applicable as alleged by the
Applicant.
93.
In the circumstances,
this Court holds that the dismissal could not have
been
wrongful for the reason advanced by the Applicant. The Court therefore dismisses
the allegation of wrongful dismissal.
ii.
Ilegality of dismissal without reinstatement or compensation
94. This Court notes that the Applicant alleges that his rights were violated because
the High Court declared his dismissal unlawful without ordering his reinstatement
or the payment of adequate compensation.
95.
In this regard and in light of the case law of the Inter-American Court of Human
Rights, this Court considers that the right to work implies security of employment
which requires that persons enjoy effective legal protection where the grounds
raised to justify their dismissal are arbitrary or contrary to the law*?. The Court
considers
that,
invariably,
where
these
conditions
necessarily gives rise to a right to compensation.
the ECOWAS
Community Court of Justice relied
are not met,
the dismissal
This is the principle on which
when it held
that:
in matters of termination of employment contract, ... early termination pronounced
by one of the parties,
without the agreement
of the other,
except for cases
of
serious fault, force majeure or hiring of the employee under fixed term contract,
entitles the other party to damages...“
#See Lagos del Campo v. Peru, Application No. 12.795, Judgment of 31/8/2017 (Preliminary Objections,
Merits, Reparations and Costs)
“Claude Akotegnon v. ECOWAS, Judgment No. ECW/CCJ/APP/20/17 of 29/6/2018, § 42.
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