ADCC 290/2008

The trial court, without review by cassation court, has the authority to assess the dismissal of the appellant employee against the respondent for the remainder term of the contract as it is not of a fixed term based on a copy of the employment agreement. An employer may terminate a non fixed-term employment agreement for reasonable causes. The trial court has the authority to deny the request to compensation for arbitrary dismissal due to the employee failure to prove the validity of the dismissal causes adhered to by the respondent which are represented in the employee's negligence in managing the factory. The appellant's hold on one of the evidence procedures as a unique means of proving his demand and the trail court's overlooking this means is considered gross violation to the right of defense and insufficiency the invalidate its judgment. The contested judgment overlooking to the request of the appellant to delegate an accounting expert to review the balance of the respondent factory in order to define the net profit and ratio of appellant therefrom shall be reversed as it overlooked an essential defence to the appellant which is the unique means of proof.