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Case Comment, Employment law, Labour and Employment law

Can a civil case be a ground of res judicata in a labour case?


Case Brief

Applicant- Ermias Mulugeta
Respondent- Bekelecha Transport Share Company
Cassation File Number- 39471
Date of judgement- Hamle 29 2001

Read the decision of the court (Amaharic)

Issue: Wether failure to prove fault of employee by the employer in a labour case is a ground of resjudicata if a civil action is brought by the same employeer against the same employee alleging fault of the employee?

Ruling and reasonig of the court

The Cassation bench affirmed the decision of lower courts. The court relied on its own previous decision (Cassation File Number 36710) regarding the issue raised in this case. Accordingly it concluded that the issue to be framed in unlawful dismissal case is totally different from a civil action brought by the employer claiming restitution or payment for loss of or damage to property. The labour court may have decided that the employee has not committed fault, when the fault at issue is ‘being responsible for loss of property’ of the employer. Such decision is not a ground of res judicata if an action against the employee is brought by the employer claiming payment of the price of the property.

About Abrham Yohannes

Abrham Yohannes Hailu Licensed Lawyer & Consultant

Discussion

5 thoughts on “Can a civil case be a ground of res judicata in a labour case?

  1. its great job

    Like

    Posted by ephrem | August 11, 2013, 5:14 pm
  2. It is interesting, I hope more case briefs to be posted. Thanks

    Like

    Posted by Bahar | January 5, 2012, 1:21 pm

Trackbacks/Pingbacks

  1. Pingback: RES JUDICATA - My Life Book - April 27, 2012

  2. Pingback: RES JUDICATA « My Night Dreams - January 15, 2012

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