|
I.N. |
Decision date |
File no. |
Parties |
Volume |
page |
Subject-matter |
Law cited |
|
5 |
Tikimit 17/1998 |
17189 |
Wholesale Trade and Import enterprise v. Negussie Zeleke |
2 |
92 |
Responsibility for "loss of money" of an employer by a worker shall be considered "damage to property" of an employer. Back payment for the periods in which the worker were not on job because of termination is not supported by law. |
Proclamation no. 42/1993 Art. 27(1), 53(1), 54 |
|
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) |
|
18 |
Megabit 18/1999 |
21961 |
Girma Negash v. Big Trading PLC |
4 |
12 |
Termination of contract of employment |
Proclamation no. 377/2003 Art. 27(1) C |
|
19 |
Megabit 26/1999 |
24153 |
Mengistu Abate v. Maritime Transit Enterprise |
4 |
18 |
the difference between error of law and evidence |
Proclamation no. 377/2003 Art. 27(1) C |
|
26 |
Megabit 17/2000 |
31857 |
ባቡር Mohammed Abdallah v. Dire Dawa Ethio-Djibouti Railway |
6 |
269 |
the right of an employer to terminate contract of employment shall be barred if an action is not taken within 30 days from the date of the cause for such action appeared |
Proclamation No. 377/97 Art. 27(3) |
|
28 |
hidar 3/2000 |
18832 |
Ethiopian Electric Corporation v. Kebede Tulu et. Al |
6 |
289 |
if the contract of employment of a worker who is hired for definite period of time is unlawfully terminated, he is entitled to payment of the remaining period of the contract |
Proclamation No. 42/85 Art. 43(4) |
|
30 |
Hamle 10/1999 |
22275 |
Ethiopian Commercial Bank v. Haile G/sellasie |
6 |
305 |
an employer can terminate before the expiry of period of contract if he has adequate and legal ground. Termination of contract of employment cannot be considered unlawful because of absence of notice if it is based on legal ground. Outsourcing of a job to third party is a legal ground for termination of contract of employment. |
|
|
31 |
hidar 10/2000 |
25317 |
Tikur Abay Transport v. Desalgn Abreha |
6 |
310 |
the death of a worker whose contract of employment is terminated unlawfully and the right of dependents |
Proclamation No. 377/ 96 Art. 39(2), 110(2), 40 |
|
32 |
Tikimit 2/2000 |
25511 |
Ethiopian Development Bank v. Aberaraw Kefyalew |
6 |
313 |
no severance payment to a worker whose contract of employment is terminated lawfully |
Proclamation No. 377/2003 Art. 39 |
|
36 |
Tikimit 12/2000 |
29692 |
Ethiopian Commercial Bank v. Alemayehu Kebede et. Al. |
6 |
327 |
an employer has the right to terminate contract of employment which is made for a work to be performed periodically. |
|
|
42 |
Ginbot 5/2000 |
34588 |
Ethiopian Electric Power Corporation v. Dereje wolde Kidan |
6 |
364 |
a not guilty verdict in a criminal proceeding is not binding on civil proceeding |
Proclamation No. 377/2003 Art. 27 |
|
44 |
Tir 27/2000 |
29415 |
Water Action v. Yilma Assefa |
6 |
370 |
refusal to accept transfer and absence from work for 5 consecutive days is a good ground for termination of contract of employment |
Proclamation No. 377/2003 Art. 27(2)(ሇ) |
|
45 |
Tir 27/2000 |
32822 |
G7 Trading and Industry Jute Fiber Factory v. Makonnen Abera |
6 |
374 |
absence from work without good cause is sufficient cause for termination of contract of employment |
Proclamation No. 377/2003 Art. 27(1) (ሇ) |
|
48 |
Tikimit 11/2001 |
35621 |
Sunshine Construction v. Fekadu Gebissa et.al. |
8 |
102 |
an employer has the right to terminate contract of employment which hired workers for project purpose when the project comes to an end |
Proclamation No. 377/2003 Art. 10/1/ |
|
52 |
Hidar 25/2001 |
35484 |
Ethiopian Airlines v. Dereje Mammo |
8 |
110 |
breach of trust in connection with the property of the employer is sufficient cause for termination of contract of employment |
Proclamation No. 377/2003 Art. 27/1/ |
|
57 |
Hidar 11/2001 |
37402 |
Yancomad PLC v. Buhsra Bekele |
8 |
122 |
absence from work without good cause is sufficient cause for termination of contract of em |
|
|
59 |
Hidar 2/2001 |
37575 |
Kaliti Balestera Manufacturing v. Berhanu Lidet Wolde |
8 |
127 |
agreement to terminate contract of employment should be in writing |
|
|
60 |
Hidar 4/2001 |
37778 |
Addis Spareparts Import and Wholesale S.C. v. Kassahun Kebede |
8 |
129 |
no legal support for absence from work in connection with displeasure/distress in connection with transfer |
|
|
63 |
Tahsas 2/2001 |
34669 |
Admas College v. Solomon Mulualem |
8 |
138 |
The manner in which a worker may be dismissed without notice because of damage to the property of an employer. The definition of "property of an employer" in the labor proclamation. |
Proclamation No. 377/2003 Art. 27/1/ |
|
64 |
Tahsas 23/2001 |
39118 |
Desalegn and Family PLC v. Befekadu Belay |
8 |
141 |
unless the employer adduce evidence that the worker used the property for his personal gain or for the advantage of third party, loss of employer's property by the worker does not give the employer the right to terminate contract of employment without notice |
Proclamation No. 377/2003 Art. 27(1), 14(2) |
|
65 |
Tahsas 14/2001 |
36591 |
Matador Addis Tyre S.C. v. Dereje Umeta |
8 |
144 |
grounds for terminaton of contract of employment provided under collective agreement should be given effect though they are not covered under the labor proclamation |
Proclamation No. 377/2003 Art. 27/1/ |
|
71 |
Tahsas 2/2001 |
34476 |
Kumela Bejissa v. National Tour Agency |
8 |
160 |
payments due upon unlawful dismissal |
|
|
73 |
Tir 26/2001 |
40804 |
Dandi Borru University College v. Tekelu Urge et. Al |
8 |
165 |
the elimination of previously existing position in an organization can be good cause for termination of contract of employment |
Proclamation No. 377/2003 Art. 28(1) (d) |
|
75 |
Yekatit 17/2001 |
38811 |
Rohobot Holy Saviour PLC v. Amare Admassu |
8 |
173 |
the manner of terminating contract of employment on notice because of the elimination of previously existing position in an organization |
Proclamation No. 377/2003 Art. 28(1)(d) |
|
76 |
Yekatit 17/2001 |
38435 |
SOS Children Village v. Kebede Kumssa et.al |
8 |
175 |
Outsourcing of a job to third party is a legal ground for termination of contract of employment. |
Proclamation No. 377/2003 Art. 28 |
|
77 |
Yekatit 17/2001 |
38023 |
Government Housing Agency v. Berhanu Deseye |
8 |
178 |
a contract of employment made for indefinite period of time can only be terminated on notice |
|
|
79 |
Yekatit 26/2001 |
41115 |
Midroc Construction PLC v. Moges Shiferaw |
8 |
183 |
nature of the work should be considered in order to conclude that a worker is grossly negligent |
|
|
81 |
Megabit 24/2001 |
42292 |
Ethiopian Electric Coprporation v. Kebede Abunete |
8 |
188 |
if an employer show that his worker has breached his trust, then the employer can terminate contract of employment without notice |
Proclamation No. 377/2003 Art. 27(1)(d) |
|
82 |
Megabit 8/2001 |
41623 |
Abeba Transport PLC v. Samuel Kidane |
8 |
191 |
failure to protest transfer and absence from work for 5 consecutive days is a good ground for termination of contract of empolyment |
Proclamation No. 377/2003 Art. 27 (1) |
|
83 |
Ginbot 11/2001 |
41411 |
Mulmul Bakery v. Belete Tegegne |
8 |
193 |
suspension of a worker for more than 30 days does not tantamount to dismissal. The ground on which an employer can be forced to pay 30 days salary. A court should reframe the issue where a worker initially made a claim based on unlawful suspension and while the case is pending the employer altogether dismissed the worker. |
Proclamation No. 377/2003 Art. 27(4) |
|
88 |
Ginbot 27/2001 |
39650 |
Yerer Ber Misrak Tsehay St. Urael Church v. Sefinew Desalegn |
8 |
207 |
if a security guard lost a property under his watch and he cannot show that he is not involved in the incident, he is liable to the loss. |
|
|
89 |
Ginbot 4/2001 |
39543 |
Filweha Enterprise v. Bereket T/Mariam |
8 |
209 |
If a worker is hired based on fraudulent document and discovered afterwards, then he can be dismissed as if he has committed fraud while he was working |
Proclamation No. 377/2003 Art. 27(1) (c) |
|
91 |
Ginbot 27/2001 |
38189 |
Ropack International PLC v. Yedersal Aemro |
8 |
213 |
participation in protest of transfer cannot be considered as absence from work |
Proclamation No. 377/2003 Art. 27(1)(ሇ) |
|
93 |
Sene 9/2001 |
41720 |
Wood work Enterprise v. Redi Endale |
8 |
219 |
breach of trust in connection with money entrusted as working capital can entail dismissal without notice |
Proclamation No. 377/2003 Art. 27(1)(d) |
|
94 |
Sene 18/2001 |
39861 |
Ethiopian Telecommunication Corporation v. Samson Beletkachew |
8 |
221 |
when termination of contract is lawful, no severance or damage shall be paid |
|
|
95 |
Hamle 21/2001 |
43610 |
Nyco PLC v. Solomon Tessema |
8 |
224 |
a worker who claims that he is dismissed by oral communication has burden of proof |
|
|
104 |
Tikimit 3/2002 |
41385 |
Giga Construction PLC v. Terefe Zergaw et.al. |
9 |
196 |
Termination of contract employment because of shortage of construction materials can be considered as unlawful |
Proc. No. 377/2003 Art. 26,28,30 |
|
106 |
Tikimit 10/2002 |
42818 |
Abyssinia Bank s.c. v. Muleta Geda |
9 |
200 |
no legal basis to fire a worker on the ground that he has taken up a par time job in another organization |
Proc. 377/2003 Art. 27 |
|
107 |
Hidar 8/2002 |
41767 |
Addis Ababa Water and Sewerage Authority v. Admas Demesachew |
9 |
202 |
working in two different organization at the same time without th permission of the employer can be considered as fraudulent misrepresentation |
Proc. No. 377/2003 Art. 27(1)c |
|
111 |
Tahsas 20/2002 |
45889 |
Ethiopian Telecommunication Corporation South Region v. Samuel Kesebo |
9 |
213 |
The power of the employer to review administrative errors with regard to worker management |
|
|
115 |
Tir 5/2002 |
49057 |
Asmelash and sons construction plc v. Yohannes Eshibel |
9 |
223 |
When an employer terminates contract of employment on the basis of Art. 30 of the labor Proclamation, he is not duty bound to give notice |
Proclamation No. 377/2003 Art. 30 28(2) |
|
118 |
Yekatit 12/2002 |
49958 |
Ghion Travel and Tours PLC v. Daniel Assfaw |
9 |
229 |
Aggression, abusiveness, and intimidation are offences which may cause termination of contract of employment without notice. |
Proclamation No. 377/2003 Art. 27(1)(h) |
|
122 |
Megabit 20/2002 |
47535 |
Wholesale Trade and Import Enterprise v. Anemaw Lakew |
9 |
238 |
Collective agreement can provide for the conditions on which a worker can be suspension for alleged commission of a disciplinary offence |
Proclamation No. 377/2003 |
|
123 |
Megabit 30/2002 |
49750 |
Bole District Kebele 02/01 Entertainment center v. Masresha Hussain |
9 |
240 |
An employer and a worker can agree in collective agreement that certain offences can result in dismissal without notice |
Proclamation No. 377/2003 Art. 134(2) 27(1)(g) |
|
124 |
Megabit 30/2002 |
49797 |
Alhabesh Sugar Mills PLC v. Tegene G/Hawariyat |
9 |
242 |
absence of reason for termination of contract of emploment in termination notice does not make the dismissal unlawful |
Proclamation No. 377/2003 Art. 27(2) |
|
125 |
Megabit 6/2002 |
50009 |
Addis Ababa Hilton Hotel v. Yonas Tilahun |
9 |
244 |
the proper way of interpreting the phrase "deceitful or fraudulent conduct in carrying out his duties having regard to the gravity of the case" in the labor proclamation |
Proclamation No. 377/2003 Art. 27(1)(c) |
|
126 |
Megabit 20/2002 |
50205 |
Ethio-djibouti Railway Enterprise v. Minale Berihun |
9 |
246 |
conditions for termination of contract of employment provided under the contract are applicable insofar as they do not contravene with what is provided under the labor proclamation |
|
|
131 |
Miyazia 6/2002 |
45746 |
Guder Agro Industry PLC v. Belete Chala |
9 |
258 |
An employer should act to dismiss a worker within 30 days from the day the cause for such dismissal arise. |
Proclamation No. 377/2003 Art. 27(3) |
|
140 |
Sene 18/2002 |
53358 |
Ethiopian Postal Service Enterprise v. Tilahun Kumma |
9 |
281 |
The manner in which the phrase "the date the employer knows the ground for the termination" should be interpreted in the labor proclamation Art. 27(3) |
Proclamation No. 377/2003 Art. 27(3) |
|
143 |
Hamle 8/2002 |
45170 |
Kidist Mariam Kindergarten primary School v. Sisay Mulugeta |
9 |
287 |
In absence of clear school regulation or contractual agreement for a teacher to teach in summer, his refusal to teach in summer cannot constitute breach of duty and dismissal is unlawful |
Proclamation No. 377/2003 Art. 13(1) |
|
148 |
Hidar 13/2003 |
53985 |
Dashen Bank S.C. v. Zenebe |
11 |
|
The power of the employer to suspend an worker not for more than one month in order to investigate disciplinary offence by the worker in absence of collective agreement |
Proclamation No. 377/2003 Art. 27/4/ |
|
151 |
Hidar 14/2003 |
57541 |
China Road and Bridge construction corporation v. Girma Bushra |
11 |
|
A worker who claims to have been dismissed has the obligation to adduce relevant evidence. |
|
|
155 |
Ginbot 17/2003 |
64079 |
Ethiopian Electric power Corporation v. Getnet Makonnen |
11 |
|
The inaction of an employer from taking measure within one months may render an action taken to dismiss a worker thereafter unlawful though the worker may not be entitled to reinstatement |
Proclamation No. 377/2003 Art. 43/3/ |
|
162 |
Tahsas 26/2003 |
62370 |
Ethiopian Electric Power Corporation v. Eyob Melese et.al. |
11 |
|
An employer cannot terminate contract of employment on the claim that workers have not re-new or not willing to renew the contract of employment |
|
|
168 |
Ginbot 30/2003 |
64988 |
Dashen Bank S.C. v. Hailu Shemelis |
11 |
|
If a worker intentionally or negligently damages the property of the employer, then this can be good cause for termination of contract of employment |
Proclamation No. 377/2003 Art. 27/1/h/ |
|
170 |
Sene 15/2003 |
57337 |
Adventist Development Organization v. Gebeyehu W/Michael |
11 |
|
If a worker is hired for definite period of time and the contract is terminated after the expiry of such time, the fact that some other worker has been hired in the same position does not make the dismissal unlawful |
|
|
171 |
Sene 16/2003 |
64734 |
Country Club Developers Yerer View Housing Construction Project v. Bekele Lemma |
ro |
|
Existence of offence should be the basis for grounds provided in the collective agreement in order to dismiss a worker without notice |
Proclamation No. 377/2003 Art. 27/1/ |
|
172 |
Sene 03/2003 |
66306 |
Amsalu Wereda Construction S.C. v. Mohammed Said et.al. |
11 |
|
Termination of contract of employment because of a contractors act to transfer a work to third party contractor cannot be considered as unlawful. |
Proclamation No. 377/2003 Art. 24/4/, 4/1/, 10, 9 |
|
173 |
Yekatit 09/2003 |
59906 |
Ethiopian Seed Enterprise v. Hailemariam Sharew |
11 |
|
Where a worker is suspended and later dismissed because of suspicion of commission of a crime but later convicted, the dismissal cannot be considered unlawful because the employer has not adduced as evidence the judgment of conviction. In such situation the court can verify that by other means available. |
|