KCC 12/1995

This case involved a request for unpaid dues by an employee who had been dismissed. The employer wrongly argued they should not be required to pay this amount as the dismissal was not unfair since the employee had been the subject of a criminal ruling. This was irrelevant as this argument had not been brought before the court of appeal.

Background

An employee made a complaint against a company and requested the Labour Department to order the company to pay his dues. The department referred the case to the court.

The court ruled that the company should pay the employee 10467.952 Dinars.

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

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and that a criminal ruling was issued against the employee and so they had the right to dismiss him from the job as a disciplinary procedure.

The court stated this argument was invalid because the company had not maintained this defence before the court of appeal.

The court dismissed the appeal.