KCC 16/1995

This case involved a claim by an employee for their dues. The ruling for compensation was partially repealed. The employee had been able to dismiss the employee because they lacked qualifications for the job in line with the terms in the company's statutes.

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 the company should pay the employee 5375.265 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The claimant appealed the ruling before the court of cassation.

The court of cassation repealed the ruling partially in regards to the request for compensation.

The court stated then that the company had dismissed the employee from his job because he was not qualified for it and so the company had the right to dismiss him according to Article 99 of the company statute.

The court upheld the appealed ruling.