BCC 143/2008

This case involved an employee's claim for unfair dismissal. The use by an employee of their work's phone for personal purposes was not a significantly serious disciplinary action to warrant dismissal.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that he was working for the company and was unfairly dismissed. The employee requested the company pay him compensation and due entitlements. The Ministry referred the case to the court.

The court ruled that the company should pay the employee 1255 Dinars in compensation.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The company appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had contradictions of material documentary evidence. It was said that they dismissed the employee from his job because he failed to commit to his obligations. The court said that the employee used the work phone for personal purposes.

Decision