Background

An employee made a complaint against a company before the Ministry of Labour claiming that he was dismissed from his job without justification. The Ministry referred the case to the court. The employee requested the company pay his entitlements and compensation.

The court dismissed the case.

The employee appealed the ruling before the court of appeal. The court 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 erred in the application of law and had insufficient evidence of causation. It was said that the court established its ruling upon the argument that the employee had failed to prove that the dismissal decision was unjustified though the company was responsible for proving this claim. The employee also said that the court had failed to order the company to pay in lieu of notice though he deserved this under Article 107 of the Labour Law.