Background

An employee filed a case against an employer before the court claiming he was working for the employer and was dismissed without being paid his entitlements. The employee requested the employer to pay the end of service gratuity 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 insufficient evidence of causation and had violated the right of defence because the court had established its ruling based on the testimonies of the witnesses although these testimonies were inaccurate. The employee said also that the employer did not take any disciplinary proceeding against him before the dismissal decision.