KCC 21/1995

This case involved a claim by an employee for compensation after he had been dismissed. He rightly argued the employment contract stated the employer would help him find another job if he was dismissed as there was a non-competition clause.

Background

An employee made a complaint against a company and requested the Labour Department to order the company to pay his dues. The department referred the case to the court.

The court ruled that the company should pay the employee 2890.640 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 1468.640 Dinars.

Decision

The employee appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They stated the company had promised him in the contract to find another job in case of the termination as compensation for not working with competitors but they had failed to commit to this obligation.