KCC 82/1998

This case involved a claim by an employee for unpaid salary. The employer correctly argued the judgement was illegal as they had not been properly information of the case document.

Background

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

The court ruled that the company should pay the employee 2036.430 Dinars.

The company appealed the ruling before the court of appeal. The court stated that the company had no right to appeal the ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation because it had been illegally informed of the case document.

The court stated this argument was valid because the court considered the case although the company was illegal informed of the case document. The court stated the ruling the court issued should be considered illegal.

The court repealed the ruling.