KCC 56/1996

This case involved a claim for unpaid salary and interest by an employee which the court decided not to hear because of the statute of limitations. It was argued the method for calculating the annual interest was incorrect. However, the employee did not deserve annual interest.

Background

An employee made a complaint against an employer before the Labour Department and requested the department to order the employer to pay his salary.

The court decided not to consider the case due to the statute of limitation.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the employer should pay the employee 1710 Dinars and 7% annual interest.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had calculated the annual interest from the date of issuing the ruling although it should have be calculated from the date of the termination of the employment contract.

The court stated this argument was invalid because the employee did not deserve annual interest according to Article 305 of the Civil Law.