BCC 588/2015

This case involved an employee's claims for unpaid salary, end of service gratuity and a return ticket. A key issue was whether there was an employment relationship between them which was proven by their sponsorship on his entry visa and that they had paid contributions to the authorities as his employer.

Background

A worker filed a case with the civil court against a company requesting payment of late wages, an end of service gratuity, 250 Dinars for an employment visa and a return ticket to the country .

He was working with a employment contract and a monthly wage of 110 Dinars, but they had refused to pay his dues .

The court dismissed the case.

The worker appealed the ruling before the Court of Appeal, which upheld the appealed ruling.

Decision

The worker appealed the ruling to the Court of Cassation, claiming it had violated the law, and he asked the court to verify there was a relationship between him and the company. He presented as evidence a certificate issued by the General Authority and a copy of his entry visa to the country which detailed the sponsorship.

The court said that the argument was valid.