Date: October 2, 2015 (E.C.)
Binding Legal Interpretation (Principle):
Effect of a National Call: An employee’s absence from work due to a National Call is not a valid ground to terminate or void a contract of employment (Article 17(2)). Rather, the contract of employment is temporarily suspended, and the employee has the right to resume the employment relationship upon fulfilling their obligation.
Reasoning:
It was factually established that the Respondents notified the Applicant prior to departing for the National Call, and the Applicant, being aware of this, paid their October salaries to their families. Terminating the contract despite this knowledge is contrary to law.
The Applicant’s argument that reinstatement is not feasible because other employees were hired in the Respondents’ stead led to the order for compensation and other related payments, which is consistent with the law and the arguments of the parties.
Ruling:
The judgment of the Oromia Regional State Supreme Court Cassation Bench is affirmed.