KCC 83/1998, 85/1998
Background
An employee filed a case against two defendants requesting that the court order them to pay his salaries.
During the consideration of the case, the employee died and his heirs replaced him in the case.
The court ruled that the two defendants pay the heirs 41009.787 Dinars.
The defendants appealed and the appeal court upheld the ruling.
The defendants appealed by cassation through two appeals.
Decision
The court dismissed the second defendant's appeal as the ruling had complied with the law.
The first defendant argued that the ruling had insufficient evidence of causation as the court had established its ruling on a photocopy belonging to the first defendant, however, it had maintained before the court that it was not the owner of the company which the employee had worked for and provided the necessary documents to prove this claim but the court ignored this defence.
The court held that this argument was valid as the court ignored the documents provided by the first defendant and the defendant's denial of the photocopies upon which the court established its ruling.