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Cassation Bench rejected the Federal First Instance Court Kirkos Bench and the Federal High Court’s ruling over the Hilton Hotel and its temporary employee’s dispute.
The Cassation Bench instructed the First Instance Court to retry the case.
Hilton Addis’ 148 temporary employees sued their employer in October, 2011 demanding the same benefits as its permanent employees. The temporary employees who served the Hilton over a period ranging from 2 and half years to 15 years, were favored by the first instance court which ordered Hilton Hotel to pay bonuses and service charges with back pay for the preceding six months before the verdict passed in March 2012.
The hotel appealed the ruling taking the case to the Federal High Court Labour Division. Hilton Addis argued it shouldn’t be subject to pay service charges and bonuses for temporary employees as it recruit them whenever there is need for extra manpower during special events such as meetings, weddings etc…
Mehamed Amin Sani, who presided over the appellate court, also ruled for the temporary employees and upheld the verdict that the first instance court passed.
The hotel’s administration then took the case to the Cassation Bench, which looks into whether a fundamental error of law has been made.
The Cassation Bench on Wednesday February 19, 2013 dismissed both verdicts of the first instance court and the federal high court noting that this may affect the hotel’s sustainability and might force it out of market. The bench then instructed the first instance court to retry the case taking into consideration the hotel’s recruitment efficiency and capacity.
Following the latest ruling by the Cassation Bench, the First Instance Court is due to retry the case and reviewing its verdict. The First Instance Court may change its verdict or part of it. The plaintiffs and the defendants also can follow all legal procedures and refute its verdict. The case, hence, may again reach at the Cassation bench after sometime.