Transfer, Assignment, Promotion

I.N.

Decision date

File no.

Parties

Volume

page

Subject-matter

Law cited

62

Hidar 2/2001

36210

Akaki Spare Parts and Tools S.C. v. Haile Salvator

8

136

an organization which has prepared a new organizational structure can assign workers based on standards it has issued

 

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)

80

Megabit 24/2001

40938

Mugher Cement Enterprise v. Haile Mengistu

8

186

an employer has the right to assign an worker in another position without reducing his salary and benefits

Proclamation No. 377/2003 Art. 13(2), (7)

87

Ginbot 26/2001

41786

Ethiopian Airlines v. Assefa Abebo et.al

8

204

if an employer reassigned a worker due to the elimination of previously existing position, the employer cannot be forced to maintain the previous salary rate and benefits

 

96

Hamle 22/2001

44033

Patriarchal Supreme Office v. Yibeltal Atnafu

8

226

an employer has the power to transfer a worker without reduction of salary and other benefits for the purpose of efficiency, effectiveness, industrial peace or other conditions

Proclamation No. 377/2003 Art. 2 (1) 4

108

Hidar 22/2002

42923

Ethiopian Telecommunication Corporation v. Nejat Abbas

9

204

The power of the employer to prescribe procedures for promotion and set performance standard for payment purpose

Proc. No. 377/2003 Art. 14(1) FDRE Constitution 42(1)(d)

127

Miyazia 12/2002

48476

Government Affaris Communication Office v. Dereje Makonnen

9

248

If a worker owes debt the employer, then the employer cannot be forced to provide clearance. But he is duty bound to provide him with certificate of service.

Proclamation No. 515/2007 Art. 78 (1)87

130

Miyazia 12/2002

50838

Tendaho Sugar Factory Project v. Amare Abera et.al.

9

256

An organization which prepared new organizational structure has the power to assign workers in new positions

Proclamation No. 377/2003 Art. 28

134

Ginbot 13/2002

50182

Addis Ababa Abatoirs Enterprise v. Abebe Tefera

9

265

A claim lacks cause of action where a work requests for reassignment in a position before transfer where such transfer was carried out because of overhaul in order to raise productivity and to solve organizational problems

 

145

Miyazia 4/2002

44588

Ethiopian Grain Trade Enterprise v. Haileyesus Tuki et.al.

10

290

Judgment against an employer in a proceeding regarding unlawful dismissal does not preclude him (res judicata) from brining civil action against the worker

 

147

Hidar 27/2003

48945

Ayele Abebe v. Finfine Trading Enterprise

11

 

A worker can be held liable for malfunction of work tools and machineries if and only if the employer has fulfilled his part of the obligation.

Proclamation No. 377/2003 Art. 12/1//a/

149

Hidar 03/2003

54326

Anbessa Shoe s.c v. Etehun Ayalew

11

 

Transfer of an worker contrary to collective agreement is unlawful

 

165

Ginbot 01/2003

64821

Ethiopian Electric Corporation v. Ayalew Hebist

11

 

Promotion should take place according to a procedure put in place in an organization. Salary increase is possible in promotion or according to procedure available in the organization. Assignment to a position because of business process re-engineering (BPR) does not warrant salary increment.