Al-Ittihadiya overturned the “appeal” ruling

An employee is suing her employer to object to her service termination

The court of first instance rejected the case, then the Court of Appeal confirmed it.

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The Federal Court overturned a ruling that rejected a lawsuit filed by an employee against her employer due to the unlawful termination of her service, according to her claim, as the court stated that the judgment of the Court of Appeal confirming the first-degree ruling did not materialize from the date of the plaintiff’s knowledge of the decision and the time for appeal.

In details, an employee filed an administrative case against her employer, demanding the cancellation of the decision to terminate her service, explaining that she "started working in April 2018 with an administrative position until her service was unlawfully terminated."

A court of first instance dismissed the case, then the Court of Appeal confirmed it. The plaintiff did not accept this ruling, so she appealed it before the Federal Supreme Court.

For its part, the Federal Supreme Court reversed the ruling, explaining that Article 84 bis of the Civil Procedure Law stipulates that the time for appealing the cancellation case is a condition related to public order, and the administrative judiciary has the right to address the investigation of the availability of this form on its own and without being requested to do so, and not The lawsuit shall be accepted after the lapse of 60 days from the date of publication of the contested administrative decision, or notification of the person concerned about it, or proven knowledge of it with certainty, and if a grievance is made against the decision, then the 60-day period for filing a lawsuit starts from the date of the administrative body's explicit or implicit rejection of the grievance, according to Adverbs.

She indicated that the document of the case was that the plaintiff had requested the cancellation of the decision to terminate her service issued on 2/19/2019, confirming that she had grieved the decision, and was notified of the rejection of the grievance On 4/8/2019, the administration has maintained since the start of the dispute that the last day for filing a case is 9/6/ Hence, the lawsuit filed by the plaintiff on 6/12/2019 is not admissible.

It concluded that the judgment did not discuss the date for filing the lawsuit according to the aforementioned legal rules, and arranging the legal effect on it, given that the date for filing the cancellation lawsuit is from the public order, and was satisfied with supporting the first-degree ruling, and he also did not bother to search and scrutinize these overlapping facts to verify the date of certain knowledge of the decision The appealed against and the time for appeal is in accordance with the aforementioned rules, as it has been a mistake in the application of the law and similar to corruption in reasoning, and this has prevented him from discussing the elements of the case, what is defective and necessitates its revocation.

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