Background

An employee filed a case against a company requesting that the court order the company to pay his dues.

The court refused to consider the case over a four-year period and ruled that the company pay the employee 2822.768 Dinars.

The employee appealed and the appeal court ruled that the company pay the employee 7319.207 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the court had ruled that it pay the value of holidays, but the employee used to receive commission during this period.

The court held that this argument was valid as the wage upon which the value of holidays is calculated is the fixed wage. The court stated that the employee had received commission during the mentioned period.

The court therefore repealed the ruling.