KCC 197/2001

This case involved whether an employee deserved severance pay and had been unfairly dismissed or had terminated his employment contract.

Background

An employee made a complaint to the department of labour against an employer. He claimed that the employer had dismissed him from his job without legal justification. He requested the employer to pay his entitlements. The department referred the case to the court.

The court ruled that the employer should pay the employee 819.988 Dinars.

The employee and the employer appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled  the employer should pay the employee 1289.361 Dinars.

The employer appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that the court established its ruling on the grounds that the employer had dismissed the employee from his job though the document of the case revealed that the employee had requested to be transferred to another sponsor which meant that he decided to terminate his employment contract with the employer.

Decision