BCC 213/2020

This case involved whether the labour court had jurisdiction to hear a case involving a breach of contract by a doctor who had contracted with a hospital owner to carry out operations. The labour court did not have jurisdiction as the contract between the parties was not an employment contract.

Background

A claimant filed a case against a defendant before the court. He requested the court to dismiss an employment contract signed between the two parties. He also requested the court to order the defendant to pay him 13407 Dinars. He said that the defendant who was working as a doctor in the hospital he owned and he had had him conduct operations but the defendant had failed to commit to the contract.

The court dismissed the case.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the court dismissed the case although the defendant had failed to commit to his obligations according to the contract.

Decision