KCC 84/1996

This case involved an employee's claim for his dues. Holiday pay was wrongly awarded by the court because the employee had untaken holiday, although the employer's substantial defence that the employee had been given holiday pay had been ignored.

Background

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

The court ruled that the defendant should pay the employee 64084.485 Dinars.

The defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the defendant should pay the employee 56124.545 Dinars.

Decision

The defendant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation because the court had ordered the defendant should pay the employee holiday pay based on the argument that the employee had not gone on holiday since he started working although it had provided the court with documents which confirmed the employee had already received the holiday pay.