KCC 58/1998

This case involved a claim by an employee for unpaid salary. It was wrongly argued the employee's injury should have interrupted the period for the statute of limitations. This was not correct this should be one year from the end of the employment contract.

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 decided not to consider the case.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the company should pay the employee 5435.820 Dinars.

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 had insufficient evidence of causation because the court had rejected its argument that the case should not be considered because the argument the injury of the employee should have interrupted the period of the statute of limitations although this injury should not.