BCC 114/2009

This case involved a claim for unpaid dues by an employee who had resigned after contractual provisions on commission had not been paid. The key issue was whether holiday pay had been included in a settlement document.

Background

A claimant stated he had left his job because the company had failed to pay commission stipulated in the contract and requested the court to order the company to pay him 500 Dinars. The company claimed the claimant had received all his dues.

The court ruled the company should pay the claimant 233 Dinars as the value of holiday pay and rejected the other requests.

The claimant and the company appealed the ruling before the court of appeal. The court abandoned the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that the settlement document had revealed that he had already received 250 Dinars for holiday pay although he had received this amount as a last salary.