BCC 550/2007

This case involved an employee who stated he had been forced to resign because of a malicious accusation of theft. The key point was whether the case was final after a requested oath was taken when the individual who had taken the oath was not the requested person or the company's legal representative.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that he was working for the company and the company made a malicious report accusing him of stealing chairs from its hotel and forced him to resign. The employee requested the company pay him compensation and entitlements. The Ministry referred the case to the court.

The employee requested the court to order the chief of board of directors to take the oath that the company did not force the employee to resign. The court decided to order the manager of employees' affairs to take the oath instead. The manager took the oath and then the court dismissed the case.

The employee appealed the ruling before the court of appeal. The court said that the employee had no right to appeal the ruling.

Decision