When illegal dismissal of teachers targets trade unions

Jean Paul Habimana, and his five colleagues, formerly teachers at Mweya Private School in Rubavu District, were last week excited after court ruled that their employer must pay them Rwf15m in compensation for their illegal dismissal in February 2013. Habimana said he was forced to sell his land and bicycle, so as to survive after the dismissal. His colleagues also said they had to struggle to make ends meet. “I failed to pay Rwf130,000 for my children’s school fees this year. Without a job, life is difficult,” said Celine Muragijimana, a mother of two. “I sold my inheritance to pay for my last year at Kigali Independent University,” said Donatille Nyiramahirwe. The teachers said that as their financial situation deteriorated, they resorted to having only one meal a day. The teachers were dismissed in February 2013, owing to the financial difficulties that had led to dwindling numbers of students. The number of teachers was, therefore, reduced to 15 from 21. “They said the school went bankrupt, without having conducted an audit,” complained Abdon Faustin Nkotanyi, Permanent Secretary of Senjousmel/Sineduc, a teachers’ union which provided attorneys in the case. The court ruled that the teachers were dismissed unfairly, in the middle of the year, and without prior notice. It also established that the employer ignored collective agreements signed with the workers’ union. During the hearing, the school denied having signed any agreement despite a document to that effect being presented in court. In 2010, the school according to the document had promised a 30 per cent salary increment for all teachers that was supposed to be effected after two years. They also agreed to top up 10 per cent on the net salary every year, as it was the case for public servants. The International Labour Organisation (ILO) defines a collective agreement as a written agreement on working conditions and terms of employment concluded between the employer and workers’ organisation. The workers’ union said they had 20 cases of illegal dismissal on their desk but the Ministry of Public Service and Labour (Mifotra) denied knowledge of it. “We handled three cases in one school in Kigali last year. As for the rest, district inspectors handle them through mediation,” Java Nkundabakura, Chief Labour Inspector at Mifotra noted. In 1988, Rwanda ratified the ILO convention 98 on the right to organise and collective bargaining. However, a complaint was filed by the International Trade Union Confederation that domestic laws were lacking in terms of punishing employers who disregard the convention’s provisions. Last year, the ILO committee of experts on the application of conventions and recommendations (CEACR) recommended that the country establishes dissuasive penalties, including compensation of trade union’s affiliate, in case of illegal dismissal.

National

When illegal dismissal of teachers targets trade unions