Background

A claimant filed a case against defendants requesting that the court dismiss a decision which had dismissed him from his job.

The court ruled that the decision be dismissed.

The defendants appealed and the appeal court abandoned the ruling and rejected the case.

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 rejected the case on the basis that the mentioned decision was established upon the presumption of implicit resignation, but this presumption should not have been applied unless the interruption in work was due to him resigning. The claimant stated that he did not intend to leave his job, but had been incarcerated.

The court held that this argument was valid as the case documents revealed that a penal ruling had been issued against the claimant which led to his imprisonment and thus he could not continue his work.

The court therefore repealed the ruling.