BCC 198/2007

This case involved a claim by an employee for their dues including end of service gratuity and holiday pay. The end of service gratuity could be withheld if disciplinary procedures had been correctly followed and there was no evidence of that.

Background

An employee filed a case against a company before the Ministry of Labour requesting the company pay his entitlements. The Ministry referred the case to the court.

The court ruled that the company should pay the employee 190.200 Dinars for annual leave and interest.

The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had violated the law because the court dismissed his request for end of service pay although he legally deserves it.