Dr. Naeim Jamil Salama
Assistant Professor of Civil Law and Dean
Faculty of Law, An-Najah National University, Nablus, Palestine

Ibrahim Khaled Yahia
Lecturer and lawyer
Faculty of Law, An-Najah National University, Nablus, Palestine

Abstract:

This research deals with the comment on the ruling of the Palestinian Court of Cassation held in Ramallah in the civil cassation case No. 495/2015 related to the issue of arbitrary dismissal in the Palestinian Labor Law; In which it affirmed the Appellate Court decision for the first to third reasons; It did not acknowledge the provision of arbitrary dismissal in the case as a basis for considering that the change in the nature of work from management to secretarial, as it held that this could not be considered a clear change as an excuse to leave work under the arbitrary dismissal basis, especially because the reason for the change is the inability of the employee to achieve the safety standards. And because this change is supposed to be considered a termination of the contract, it is justified in the context of Article 40 of labor code, which authorizes the termination of the contract without notice, which is not considered arbitrary.
In contrast, the Court accepted the appeal on the fourth reason, and decided to grant the employee his wages. It also rejected the appeal regarding the fifth reason for its generality and for the failure to appeal the cassation clauses in it. And we believe that the Court’s holding make sense regarding the reasons, first to third; Considering that the change in work is a fundamental change, as such change has clear specific requirements that were not achieved in this case, and that Article 40 was not applicable, and that achieving the safety requirement has no legal basis, as we concluded as a result that the court erred in rejecting the appeal on these grounds. On the other hand, we believe that the Court was correct in its reasoning regarding the fourth and fifth reasons.
Keywords: change of work, arbitrary dismissal, sickness absence, permanent employment contract, and employment termination.

Read Full PDF Text (Arabic)

Dr. Naeim Jamil Salama
Assistant Professor of Civil Law and Dean
Faculty of Law, An-Najah National University, Nablus, Palestine

Ibrahim Khaled Yahia

Lecturer and lawyer
Faculty of Law, An-Najah National University, Nablus, Palestine

Abstract:

This research deals with the comment on the ruling of the Palestinian Court of Cassation held in Ramallah in the civil cassation case No. 495/2015 related to the issue of arbitrary dismissal in the Palestinian Labor Law; In which it affirmed the Appellate Court decision for the first to third reasons; It did not acknowledge the provision of arbitrary dismissal in the case as a basis for considering that the change in the nature of work from management to secretarial, as it held that this could not be considered a clear change as an excuse to leave work under the arbitrary dismissal basis, especially because the reason for the change is the inability of the employee to achieve the safety standards. And because this change is supposed to be considered a termination of the contract, it is justified in the context of Article 40 of labor code, which authorizes the termination of the contract without notice, which is not considered arbitrary.
In contrast, the Court accepted the appeal on the fourth reason, and decided to grant the employee his wages. It also rejected the appeal regarding the fifth reason for its generality and for the failure to appeal the cassation clauses in it. And we believe that the Court’s holding make sense regarding the reasons, first to third; Considering that the change in work is a fundamental change, as such change has clear specific requirements that were not achieved in this case, and that Article 40 was not applicable, and that achieving the safety requirement has no legal basis, as we concluded as a result that the court erred in rejecting the appeal on these grounds. On the other hand, we believe that the Court was correct in its reasoning regarding the fourth and fifth reasons.
Keywords: change of work, arbitrary dismissal, sickness absence, permanent employment contract, and employment termination.

Read Full PDF Text (Arabic)