Cassation File No. 254317

Cassation File No. 254317

254317

• Date: Sene 28, 2016 E.C..
• Applicant: W/ro Fregenesh Worku Gelagle.
• Respondent: W/ro Fitsum Tekle.
• Judges: Dr. Teferi Gebru, Endashaw Adane, Teshome Shiferaw, Wazimo Wasira, and Senayit Adnew.
• Summary of the Case: The Applicant was terminated for selling unroasted coffee to foreigners in a shop licensed exclusively for traditional garments and handicrafts. The First Instance Court ruled the termination illegal, but the High Court reversed it.
• Legal Rule: An employee may be terminated if they commit acts prohibited by law or acts that fall outside their scope of employment in a manner that harms the business or violates licensing rules.
• Reasoning: The evidence established that the Applicant engaged in selling restricted commodities (coffee) without authorization. This constituted a valid ground for termination, and the cassation court found no reason to overturn the high court’s factual weighing of the evidence.
• Ruling: The decision of the High Court was affirmed; the termination was declared legal.