BCC 526/2015
This case involved money due to an employee who had been unfairly dismissed. A key issue was the calculation of compensation and notice period when she had worked during the notice period.
Background
An employee filed a case with the civil court against a bank requesting payment for the notice period and compensation for dismissal.
She had worked for the bank under an indefinite contract with a monthly wage of 900 Dinars, and they had informed her of her dismissal from work without justification and did not pay for the notice period.
The court asked the bank to pay her 4,740 Dinars in compensation and refused the rest of the requests
The employee appealed the ruling before the Court of Cassation, and said that it had violated the law.
Decision
The court refused her notice period request because she had worked for a month after the date of the notification and the bank did not pay her wages and did not provide evidence for that. The ruling calculated the compensation for a period of 158 day but she deserved compensation with a salary of 194 days.