Background

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

The court ruled that the company should pay the employee 30339.867 Dinars.

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

Decision

The employee and the company appealed the ruling before the court of cassation.

In Appeal No. 114/1996: The company stated the ruling had erred in the application of law because the court had ruled that the company should pay overtime to the employee although the company had maintained that the employee had never worked overtime.

The court stated this argument was valid because the court had established its ruling in this regard on an expert report though it had included miscalculations.

The court repealed the ruling.