The Federal Supreme Court overturned a ruling dismissing the case of an employee claiming end-of-service gratuity, which decided to refer the case to the Court of Appeal for further consideration, based on the appeal judgment on a law not applicable to his case.
In detail, an employee filed a lawsuit against his employer, claiming his entitlement to end-of-service indemnity for 19 years, in accordance with Article 31 of Federal Law No. 8 of 1984 on Retirement Pensions and Benefits.
The court of first instance dismissed the case, which was upheld by the Court of Appeal, and the plaintiff appealed the decision by cassation.
The employee's defense said that «the appeal judgment erred in the application of the law, as it was based on the decision No. 12 of 2012 to amend the provisions of Decree Law No. 9 of 2007, on pensions and gratuity of retirement, while the law applicable to the facts of the dispute is Law No. 8 of 1984 Regarding pensions and pensions. ”
The Federal Supreme Court upheld the employee's appeal, stating that it is to be decided in this court that the original is the direct effect of the new law, and that it is not retroactively affecting rights and centers that were established and completed under a previous law. All law shall govern the facts and legal centers under which it was completed. The provisions of an old law governing facts and centers completed under a subsequent law shall be extended, and if a new law is issued, its effect may not be traced back to the past, to govern centers produced in accordance with the provisions of an old law.
She pointed out that the appeal ruling in favor of the first instance judgment based on the decision No. 12 of 2012 on the amendment of some provisions of Decree Federal Law No. 9 of 2007, on the pensions and gratuities for employees of the work of the plaintiff, while the fact of termination of the plaintiff's service under the law No. 8 of 1984, concerning retirement pensions and remunerations and its amendments.