KCC 13/1999

This case involved a claim by an employee for their dues. It was wrongly argued that the statute of limitations period had been interrupted because the employee was abroad. This was not a valid exception.

Background

An employee made a complaint against an employer and requested the Labour Department to order the employer to pay his dues. The department referred the case to the court.

The court refused to consider the case.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the employer should pay the employee 3354.941 Dinars.

Decision

The employer appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and stated he had argued that the court should not consider the case due to the statute of limitation. The employer stated the court had rejected his request based on the argument that the employee was abroad although being abroad should not be considered as an interruption to the period of statute of limitation.

The court said that this argument was valid.

The court repealed the ruling.