KCC 37/1996

This case involved a claim by an employee for their dues, It was wrongly argued the case should not be heard because it was outside the statute of limitations. This was incorrect as a complaint had been raised with the labour department less than one year after the employment contract had ended.

Background

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

The first defendant requested the court to order the employee to pay him an amount of money.

The court rejected the request made by the first defendant and ruled the defendants should pay the employee 9796.248 Dinars.

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

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had ignored their defence that the court should be rejected due to the statute of limitation.