aspects of the right to work.4° The Court considers, with reference to its caselaw*', that it is clear from a cross-reading of the above-mentioned provisions of
the
ICESCR,
the UDHR
and
different aspects enumerated
enshrined
the Charter that,
the
Charter tacitly covers
in the other two instruments.
in the Charter are the two common
the
This is so because
conditions governing the right to
work, that is, access and enjoyment.
90. In the present case, the Applicant alleges the violation of his right to work on three
grounds:
unfairness
of his dismissal
in violation
of the
law;
unlawful
dismissal
decision without reinstatement or award of damages; and the prejudice caused to
his image by the content of the dismissal letter.
Wrongful dismissal
91. The Court considers, with reference to the Guidelines on Socio-Economic Rights
in the
Charter,
protection
that
against
"the
Respondent
arbitrary,
unjust
State
has
dismissal
an
and
obligation
other
... to
unfair
provide
professional
practices".‘?
92. In the instant case, the Court notes that the Applicant alleges that the RECO &
RWASCO
the
enterprise acted wrongfully in dismissing him without prior notice from
Public
Regulations
question
Service
governing
under
Commission
the
Public
consideration
as
provided
Service.
is intrinsically
The
by
the
Court
linked
General
further
to that
Rules
notes
and
that the
of the Applicant's
page 3, Collection 1980; South West Africa (Ethiopia v. South Africa; Liberia v. South Africa) (Preliminary
Objections) (Separate opinion of Judge Bustamente), ICJ, Collection 1962, page 319
40Article 23 of UDHR states :
“4, Everyone has the right to work, to free choice of employment, to just and favourable conditions
of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and
his family an existence worthy of human dignity, and supplemented, if necessary, by other means
of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.”
“See Armand Guehi v. United Republic of Tanzania (Merits and Reparations); Mohamed Abubakari v.
Tanzania, §§ 137-138; and Anudo Ochieng Anudo v. United Republic of Tanzania (Merits), §§ 110-111.
“See African Commission on Human and Peoples’ Rights “Principles and Guidelines on Economic,
Social and Cultural Rights in the African Charter on Human and Peoples’ Rights, 24 October 2011,
Guideline 58.
23