BCC 344/2007

This case involved a claim by an employee for compensation for unfair dismissal. The company tried wrongly to argue they should not pay compensation as the employee had not been damaged by the dismissal. This was irrelevant as the defence had not been raised until the court of cassation.

Background

An employee filed a case against a company before the court claiming that the company had dismissed her from her job without justification. The employee requested the company pay her 8000 Dinars and interest as compensation.

The court ruled that the company should pay the employee 1800 Dinars as compensation.

The company appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the company should pay the employee 1200 Dinars as compensation.

Decision

The company appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had insufficient evidence of causation because the court had ruled that the company should compensate the employee although they failed to prove she was damaged from the dismissal.