BCC 422/2005

This case involved a claim by an employee for unfair dismissal. Although it was claimed the employee had been absent because he was receiving medical treatment there was no evidence the dismissal was unfair.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that he was working for the company as a driver and was unfairly dismissed from his job. The Ministry referred the case to the court. The employee requested the company to pay his entitlements and compensation.

The court ruled that the company should pay the employee 48 Dinars and 3% interest.

The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had erred in the application of law. It was said that the court established its ruling based on the argument that the employee had been absent from work for a long period though he was under medical treatment at the time.