Background

An employee filed a claim with the Ministry of Labour stating that he had worked with a company under an indefinite-period contract and had been dismissed without justification.

The court ruled that the company pay the employee 809,335 Dinars plus interest at 3%.

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court, the employee argued that the ruling had insufficient evidence of causation as he had requested that the court order the company's legal representative to swear before the judge that the company did not dismiss him but the court rejected his request.

The court stated that this argument was invalid as the request of an oath should be related to the party who swears before the judge. The court held that the employee had requested that the company swear before the judge that his dismissal did not result in damage to him, however the company and its legal representative had nothing to do with this incident.

The court therefore dismissed the appeal.