KCC 120/1997

This case involved an employee who claimed their dues. The court had been wrong to award three months' pay in lieu of notice when the evidence proved this had already been paid.

Background

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

The court ruled that the company should pay the employee 22364.269 Dinars.

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 and stated the court had ordered the company to pay the three-month notice period pay to the employee although he had already received this value.

The court stated this argument was valid because the case documents revealed that the company had already paid the employee three-months' pay in lieu of notice.

The court repealed the ruling.