BCC 122/2009

This case involved a claim by an employee that he should not have been dismissed before the end of his contracted probation period. This was incorrect as the case documents proved he had not done his work correctly.

Background

An employee filed a case against a company and requested the court to order the company to dismiss a dismissal decision issued by the company during their probation period. The employee stated the company had not given him the opportunity of prove his efficiency at the work.

The court rejected 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 stated in his grounds of appeal that the ruling has violated the law because Article 3/7 of the statute of the company stipulated that the probation period was six months from the date of appointment and that the company had dismissed him from the job after only two months. The employee stated that he had requested the court to appoint an expert to assess his efficiency but the court had rejected his request.