KCC 38/1995
Background
An employee filed a case against a company requesting that the court order the company to pay his salaries.
The court ruled that the company pay the employee 13458.335 Dinars.
The company appealed and the appeal court upheld the ruling.
The company appealed by cassation.
Decision
Before the cassation court the company argued that the ruling had contradicted material documentary evidence as an expert had calculated the dues of the employee based on a salary of 780 Dinars, however, the last salary the employee had received was 700 Dinars and the company provided the relevant documents to substantiate this claim.
The court held that this argument was valid as the court had ignored this defence despite it being a substantial one that could have altered the ruling outcome.
The court therefore repealed the ruling.