Background

An employee made a complaint against an employer before the Ministry of Labour claiming that she was working for the employer and was unfairly dismissed from her job. The Ministry referred the case to the court.

The employer claimed that he did not dismiss the employee from her job but she had resigned.

The court ruled that the employer should pay the employee 3500 Dinars in addition to 3000 Dinars for compensation.

The employee and the employer appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled the employer should pay the employee 1500 Dinars for compensation and upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and said in her grounds of appeal that the ruling had insufficient evidence of causation because the court had decreased the compensation without explaining the reasons.

The court said that this argument was invalid because Article 108 of the Labour Law stipulated that the court had the right to amend the value of the compensation.

The court dismissed the appeal.