The Applicant further alleges that he initially filed administrative appeals before
the competent authority of RECO
the
Ministry
Republic.
of Public
Service
& RWASCO,
and
Labour
the Public Service Commission,
as well
as the
Presidency
of the
Dissatisfied with the decisions arising from his appeals, he lodged an
application
for annulment
of the termination
decision
Considering the Applicant as a civil servant, the High
termination
was
not in accordance
with the applicable
before
the
High
Court declared
Court.
that the
law due to the lack of
notification to the Applicant of the reasons for his dismissal. Dissatisfied with the
damages
EWSA
awarded,
the Applicant lodged an appeal before the Supreme
Court.
also filed an appeal with the same court.
By Judgment RADA 0015/13/CS of8 November 2013, the Supreme Court found
that the Applicant was not a
civil servant but rather an employee
under contract
pursuant to Law No. 13/2009 of 27 May 2009 which regulates labour matters in
Rwanda.
It however,
upheld the High Court's decision to award damages to the
Applicant due to the fact that the latter had not been heard prior to the termination
of the employment contract. Aggrieved by the decision, the Applicant lodged an
appeal before the Supreme Court for review of its Judgment. By Judgment of 27
January 2017, that Court dismissed the application for review.
Alleged violations
The
Applicant
alleges
that
the
termination
of his
appointment
is illegal
unconstitutional. He submits that by failing to resolve his problem to date and
lacking
and
for
fairness, independence and impartiality, the Respondent State violated
his rights as expressed hereunder:
i.
the right to have one's cause
heard
under Article 7(1) of the Charter and
Article 10 of the Universal Declaration of Human
to as "the UDHR");
Rights (hereinafter referred