96. On the High Court's refusal to order the Applicant’s reinstatement in his job, the
Court based on its previous findings, considers that the said decision was upheld
by the Rwanda Supreme Court in accordance with domestic law. Since the Court
has
also
found
that
the
said
decisions
are
consistent
with
the
applicable
international law, there is no need to revisit them.
97. On the lack of compensation for the prejudice caused by the dismissal, this Court
notes that in its two Judgments, the Supreme Court of Rwanda amply referred to
and examined the Applicant's pleadings as mentioned above. The Supreme Court
had concluded that he suffered prejudice as a result of the dismissal and upheld
the payment of compensation
as ordered by the High Court. In particular, on the
insufficiency of the compensation awarded by the High Court, the Supreme Court,
on the basis of his status, his relation with the management
of the company and
other factors related to the circumstances of the case, dismissed the Applicant's
prayer for a review of the quantum and an increase of the compensation.
98. The Court therefore finds that the allegation of dismissal without compensation is
unfounded, and therefore dismisses it.
Prejudice arising from the disparaging and defamatory wording of the
termination letter and failure to issue a certificate of service
99. The Court notes that, according to the Applicant's allegations, the disparaging and
defamatory wording used by RECO
& RWASCO
Company in the dismissal letter
had a significant adverse effect on him in obtaining a new job. To buttress this
allegation, the Applicant submits that, having
written
tests for positions
at the
Kigali
been
declared
successful
University
Hospital
and
the
in the
Rwanda
Housing Authority, he was not retained after the interview. This was because his
former employer failed to issue him with a Certificate of Service as requested by
the would-be employers, and that this was prejudicial to him in his quest for a new
job.
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