Proof of dismissal: Summary of Cassation decisions

Proof of dismissal: Summary of Cassation decisions

Introduction

A worker claiming unlawful dismissal is not required to prove that his dismissal is contrary to the labour proclamation no.377/2006. Once the claim is submitted by the worker, the burden of proving the legality of the dismissal lies on the employer. This being the case, the worker has to prove the very existence of dismissal (if it is denied by the employer) in order to shift the burden of proving its legality to the employer. Dismissal signifies an act or measure taken by an employer. When the employer denies that he has not taken this measure, it is up to the worker to prove that he has been actually dismissed by the employer. An interpretation of the law by the Cassation bench in this regard clearly shows that the burden of proving the existence of dismissal lies on the worker. (China Road and Bridge Construction Enterprise Vs. Ato Girma Bushera, Cassation File No. 57541 Hidar 14-2003 E.C. (Cassation Decisions Volume 11)

Distinction between resignation, constructive dismissal and dismissal

Resignation is a personal and voluntary act of the worker to terminate his employment contract. According to article 31 of the labour proclamation No. 377/2006 a worker has unlimited freedom to terminate his employment contract any time even in the absence of a valid ground. The only procedural requirement is giving prior notice of thirty days to the employer. A worker resigning without notice will be liable to pay compensation. According to article 45 sub article 2 of the labour proclamation this compensation could not exceed thirty days wage of the worker. Continue reading Proof of dismissal: Summary of Cassation decisions