KCC 20/1997

This case involved a claim by an employee for unpaid salary. It was wrongly argued the employee only deserved half the value of their severance pay as they had left their job. The court ruled the full amount was payable as they considered it a dismissal.

Background

An employee filed a case against a company and requested the court to order the company to pay his salary.

The court ruled that the company should pay the employee 7385.164 Dinars.

The employee and 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 because the court had ruled that the company should pay the employee severance pay although he only deserved half its value as he had willingly left the job.

The court stated this argument was invalid because the employee deserved the full value of the severance pay as the company had dismissed him from his job.

The court dismissed the appeal.