KCC 113/1999

This case involved a request by an employee for the payment of their salary. The employer could not argue for the first time before the court of cassation that the judgment should not have been based on the expert report because it had included errors.

Background

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

The court ruled that the company should pay the employee 5130.07 Dinars.

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

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 because the court had established its ruling based on the expert report although the report included many mistakes.

The court stated this argument was invalid because the case documents revealed that the company had not maintained this defence before the relevant court and so it had no right to maintain it for the first time before the court of cassation.

The court dismissed the appeal.