KCC 107/1999

This case involved a claim for a pension by an employee who had suffered a permanent disability during their service. It was claimed the individual had suffered from mental illness before their employment. This was irrelevant as an expert report had concluded a retirement salary was due.

Background

A claimant filed a case against two defendants and requested the court order the first defendant to make a settlement for his retirement salary and stated he had suffered permanent disability during his service.

The elementary court stated it had no mandate to consider the case and referred the case to the court of appeal. The court of appeal ruled the first defendant should make a final settlement on the retirement salary and pay the claimant his dues.

Decision

The first defendant 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 the claimant had been dismissed from his job due to a hearing impairment and that he used to suffer mental illness before he had started working.