Tag: Case and Fatwa Summary

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 585/2018 (Tort Liability for Consequences of Rescinded Sale of Real Estate)

The Supreme Court ruled that even though a contract for the sale of real estate is invalid due to the failure to register the sale of the land officially with the government, a party can still be held liable in tort to the other party for the consequences of the invalidation of the sale.

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Intel

Case Summary: Supreme Court (Civil Circuit) Contestation 239/2018 (Calculation of Contestation Time Limits)

The Supreme Court held that the forty-day deadline for contesting a judgment begins the day after issuance for parties present at proceedings. If the deadline ends on a holiday, it extends to the next working day, but filing after that day renders the contestation time-barred under articles 19, 204, and 242 of the Civil and Commercial Procedures Law.

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 155/2018 (Consequential Damages for False Criminal Accusation of Employee)

The Supreme Court held that an acquitted bank employee suspected of fraud is not entitled to compensation for financial, psychological, and moral losses she incurred as a result of the criminal investigation. The Supreme Court based its judgment on the fact that the criminal investigation that took place was legitimate, even though the employee was eventually not found guilty.

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Intel

Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 634/2017 (Legal Effect of Rescinding a Resignation Letter)

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 766/2017 (Calculation of Rest in Overtime Work)

An employee sued his employer for compensation for unpaid overtime working hours on the basis of two extra hours plus a one-hour break. The Supreme Court held that break time is not calculated as part of unpaid overtime.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 548/2017 (Failure to Terminate a Definite Period Contract)

The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 427/2017 (Equal Treatment of Employees)

An employee sued his employer for failing to pay him a cost-of-living allowance that his colleagues receive. The Supreme Court confirmed that it has the power to re-adjust the salary of an employee to match the salaries of other employees in the same organisation in accordance with article 11 of the Labour Law if the employees are working in the same circumstances, have the same qualifications, and agree to the same work conditions. However, the Supreme Court decided that the employee was unable to establish that the facts of his employment met the requirements of article 11 of the Labour Law, and therefore rejected his claims.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 137/2017 (Grounds for Setting Aside Arbitral Award)

The Supreme Court refused to set aside an arbitral award on the grounds that it had defects outside the grounds identified by the Law of Arbitration in Civil and Commercial Disputes, even though these defects would have been grounds to set aside an ordinary court judgment.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 271/2017 (Diplomatic Immunity and the Labour Law)

The Supreme Court held that embassies have diplomatic immunity against Labour Law lawsuits made against them by their employees.

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