KCC 51/1998

This case involved a claim by an employee for unpaid salary. It was correct the ruling had insufficient evidence of causation as the expert had incorrectly calculated the holiday pay.

Background

An employee made a request to the Labour Department and requested the department order the association to pay his salary. The department referred the case to the court.

The court ruled that the association should pay the employee 14126.847 Dinars.

The employee and the association appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling has insufficient evidence of causation because the expert had concluded that the holidays the employee received allowances for was 118 days though he had only received an allowance for 108 days.

The court stated this argument was valid because the case documents revealed that the expert had miscalculated the holidays the employee should receive allowances for.

The court repealed the ruling.