|
I.N. |
Decision date |
File no. |
Parties |
Volume |
page |
Subject-matter |
Law cited |
|
12 |
Hidar 20/1998 |
18581 |
Addis Ababa Islamic Organization Awalia Health v. Kebula Kedir |
3 |
56 |
Reinstatement of a worker when termination is unlawful |
Proclamation no. 42/1993 Art. 23(1), 43(3), 40(1) and (2), 44 |
|
16 |
Megabit 11/1999 |
21730 |
Frehiwot Erqe v. Ethiopian Telecommunication Corporation |
4 |
7 |
Back payment in addition to reinstatement |
Proclamation 377/2003 Art. (5) |
|
38 |
Miyazia 30/2000 |
31402 |
Ethiopian Country Cross Bus Owners Association v. Ayalaw Yergo |
6 |
348 |
an employer cannot be forced to reinstate a worker who is retired or has approached his retirement age |
Proclamation No. 377/2003 Art. 24(3), Proclamation No. 345/95 Art. 12(1)(c) |
|
56 |
Hidar 4/2001 |
37256 |
Addis Ababa Restaurant v. Yewebdar Tilahun |
8 |
119 |
the acquittal of a worker on a criminal proceeding does not give right to reinstatement |
|
|
68 |
Tahsas 16/2001 |
37454 |
Selam Technic and Vocational Training Center v. Kebede Seifu |
8 |
151 |
If a worker who is unlawfully dismissed is security guard, as the position required special confidence between the employer and the worker, reinstatement should not be ordered |
Proclamation No. 377/2003 Art. 43 |
|
69 |
Tahsas 23/2001 |
38255 |
Abeba Transport PLC v. Alemseged Haile |
8 |
154 |
where a worker is not willing to return to his job, court can decide payment of different claims in lieu of reinstatement only if the lower court has not enforced the reinstatement of the worker |
Proclamation No. 377/2003 Art. 43/3/ |
|
105 |
Tikimit 5/2002 |
42361 |
Tigist Negussie v. SOS Infant Ethiopia |
9 |
198 |
Notwithstanding that a court gave judgment for reinstatement of a worker, so far as the worker is not willing to be reinstated and that the court has not previously adjudicated remedies in the alternative, then the worker has the right to ask for alternative remedies |
Proc. No. 377/2003 Art. 43(3) |
|
129 |
Miyazia 21/2002 |
49931 |
Goshna Ergib Small and Middle public transport Owners Association v. Tesema Haile |
9 |
254 |
The mere revelation by the employer in labor dispute that the reinstatement of an worker will create difficult situation is not sufficient for court to order for alternative remedy of payment of compensation. |
Proclamation No. 377/2003 Art. 43/3/ |
|
133 |
Ginbot 17/2002 |
53064 |
Deressa Kotu v. Ambo Farmers Cooperatives |
9 |
263 |
Even though a court rendered judgment for the reinstatement of a worker, the worker can ask the execution bench for alternative remedy of payments and the bench is duty bound to entertain such claims. |
Proclamation No. 377/2003 Art. 43(3) |
|
139 |
Sene 30/2002 |
55189 |
Addis Ababa Hilton Hotel v. Zelalem Mengistu |
9 |
279 |
Reinstatement of a worker should not be provided as remedy even if the dismissal is unlawful where a court suspects that serious problem arises because of the nature of working relationship between the worker and the employer. The manner in which Art. 43(3) should be interpreted in order to accommodate industrial peace. |
Proclamation No. 377/2003 Art. 43(3) |