BCC 14/2023

This case involved non-payment of salary, unpaid dues and whether termination had been unjust, There was no evidence of an agreement between the parties to reduce the salary.

Background

An appellant filed a lawsuit against a respondent claiming his labour dues as outlined in his lawsuit statement, including deducted wages for the months from February to June 2022, holiday pay, an end of service gratuity, and return ticket. He claimed to have been employed by them since 31/12/2005 with a monthly salary of 850 dinars. However, on 31/5/2022, they had notified him of the termination of his employment contract effective from 30/6/2022. Due to non-payment of his dues, he filed the lawsuit on 15/8/2022. The appellant joined other defendants in the case, seeking to hold the second and third respondents jointly liable with the first appellant for the dues mentioned earlier, and added a request for compensation for unjust termination…

Since the dispute was not settled amicably, it was referred to the High Civil Court, which ruled in favour of the respondent, deciding on the dues as it deemed fit.

The appellants appealed this judgment through cassation.