BCC 46/2007

This case involved a claim by an employee for unfair dismissal. The key issue was whether the employer had been able to provide sufficient evidence of fair dismissal. This was irrelevant as they could prove the employee had violated their employment contract.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that she was unfairly dismissed from her job. The Ministry referred the case to the court. The employee requested the company to pay her entitlements.

The court ruled that the company should pay the employee 1951.278 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled the company should pay the employee 401.278 Dinars.

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 refused to order the company pay her compensation for dismissal based on the argument that the dismissal decision was justified although the company had failed to prove the justification of the decision.