KCC 241/2001

This case involved a request by an employee for a decision dismissing him from his job to be overturned and compensation paid. A key issue was whether the employee had resigned or been dismissed.

Background

A claimant filed a case against a defendant and requested the court to dismiss decision No. 194/1994 which had dismissed him from his job and order the defendant to pay him compensation.

The court rejected the request for dismissal of the decision and ruled that the defendant should pay compensation of 2000 Dinars to the claimant.

The claimant and the defendant appealed the ruling before the court of appeal. The court upheld the first part of the appealed ruling and abandoned it in its second part.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and the case documents had revealed that he had continued to work with the defendant and he had not lelf the job but the defendant had considered him as having resigned and had dismissed him from the job.

The court stated this argument was invalid.