KCC 842/2011

This case involved a claim for unfair dismissal. The court had been wrong to follow an expert report that the employee had been dismissed for being absent while ignoring their defence that they were on sick leave.

Background

A claimant filed a case against two defendants and requested the court to appoint an expert in order determine damage that the first defendant caused to him and estimate the compensation accordingly.

The first defendant filed a case against the claimant and requested the court to order him to pay amount of money.

The court rejected the first case and ruled the claimant should pay the first defendant 5589.031 Dinars.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and that the court had established its ruling based on the argument that the dismissal decision was legal although the dismissal decision was issued because he was absent on 24/03/2004 although he was on sick leave.