KCC 99/1997, 104/1997

This case involved a claim by an employee for unpaid salary. The court had been wrong to ignore evidence that the employee had received their salary and signed a settlement agreement.

Background

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

The court ruled the employers should pay the employee 14067.400 Dinars.

The employers appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employers appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because they had maintained before the court that the employee received all his salaries and signed a settlement document.

The court stated this argument was valid because the court had ignored the documents provided by the employers and established its ruling based on the argument that the employee was forced to sign the settlement document.

The court repealed the ruling.