BCC 383/2006

This case involved a claim by an employee who had been forced to resign as his wages were not paid. A key issue was that the employee had a right to request their employer take an oath because the conditions for this had been met.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that he was working for the company but it stopped paying his wages and thus he resigned. The Ministry referred the case to the court.

The court dismissed the case.

The employee appealed the ruling before the court of appeal and requested the company to take an oath. The court dismissed the request and 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 violated the right of defence because the court had dismissed his request to order the company to take the oath.