KCC 400/2004, 410/2004

This case involved a request by an employee for a decision by an institution rejecting his resignation be overturned and he receive an allowance. The institution had failed to prove the department chief had the authority to make such a decision.

Background

An employee filed a case against an institution and requested the court to order the institution to dismiss a decision by which his resignation had been rejected and validate his right to receive a relevant allowance.

The employee filed another case against the institution and requested the court to order the institution to dismiss the decision which considered him as having resigned.

The court rejected the first case and ruled that the mentioned decision should be dismissed.

The employee and the institution appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The institution appealed the ruling before the court of cassation.

In Appeal No. 400/2004: The court dismissed the appeal because it was not filed by one of the members of the legislation department.