KCC 4/1995/1

This case involved a claim for compensation by an employee who had been dismissed. The employer wrongly argued compensation was not due as the employee had been dismissed during his probation period. This was irrelevant as the employment contract stated the employee could not be dismissed without ministerial approval.

Background

An employee made a complaint against an institution. The department referred the case to the court.

The court ruled that the institution should pay the employee 232.372 Dinars.

The employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the institution should pay the employee 1682.372 Dinars and the value of a flight ticket.

The institution appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and it had dismissed the employee from his job during his probation period and so he did not deserve compensation.

Decision

The court said that this argument was invalid because the contract agreed between the two parties stipulated that any party could not terminates the contract unless with the approval of the Ministry of Education.

The court dismissed the appeal.