Arbitrary Dismissal Case

A significant decision by the Court of Cassation in one of the employment cases examined. The case was brought to court by an employee who was fired arbitrarily after receiving a termination letter but...

MARCH 14, 2021
  • A significant decision by the Court of Cassation in one of the employment cases examined. The case was brought to court by an employee who was fired arbitrarily after receiving a termination letter but before his unlimited contract expired. The employee's services were terminated due to his or her inappropriate behavior. However, the employee's employment was terminated without any administrative investigation into the employee's violations, which is illegal under the law. Where the employer simply sent an email warning to the employee. The employer also broke the law by serving the notice period while the employee was on leave, which is illegal under Labor Law Article No. (90). Furthermore, the employer refused to compensate the employee or pay his final wages.
  • The court made its decision, taking into account all of the violations, and ordered the employer to pay compensation in the amount of three months' wages. In this case, the court ordered the employer to pay all of the employee's benefits.

(Cassation no. 610/2018 Civil Division, Federal Supreme Court)

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