BCC 466/2006

This case involved a request by an employee for their entitlements. The court had been wrong to award these when the employee had been part of an early retirement scheme and had already had a final settlement.

Background

An employee made a complaint against a company before the Ministry of Labour requesting the company to pay his due entitlements. The Ministry referred the case to the court.

The court ruled that the company should pay the employee the value of the due entitlements.

The company appealed the ruling before the court of appeal. The court amended the appealed ruling on the value of an annual allowance and end of service gratuity and upheld the appealed ruling.

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 and that the court had established its ruling based on the expert report although the employee had receive all his due entitlements.