BCC 308/2009

This case involved an employee who had been dismissed because of absence down to illness. The case gave guidance on when such a dismissal could occur and how money owed would be calculated.

Background

The claimant put forward his dispute to the Ministry of Employment that he had worked at the defendant's company as the manager of sustainable resources with a two year contract. However, he claimed that the defendant had brought his contract to an end before its completion. He also claimed that this decision was not based on a legal reason, argued that his absence was due to his illness and he had provided evidence of his illness and asked for compensation for the loss suffered. However, the defendant counterclaimed by saying that the claimant was absent without a legal reason and the contract termination was based on Article 113 of the employment law and according to this Article, the claimant was not entitled to compensation. She claimed that the evidence of this illness was forged.

Decision