Background

A claimant filed a case against a defendant requesting that the court order the defendant to make a final settlement as to his status based on the last salary he received.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had established its ruling based on the conditions of the working contract having been implemented, however, the relationship between the employee and the government was an organisational one that fell under the relevant laws and regulations.

The court held that this argument was invalid as the case documents revealed that the claimant was appointed to his position under a second working contract and thus the conditions of this contract regulated the relationship between the claimant and defendant. The claimant therefore had no right to request the amendment of severance pay under the first contract.

The court therefore dismissed the appeal.