Background

An employee filed a case against a defendant requesting that the court dismiss a decision by which the defendant discounted 71.300 Dinars from his monthly salary and order it to pay 5001 Dinars in compensation.

The court rejected the case.

The employee appealed and the appeal court stated that the civil and commercial department of the court had no mandate to consider the case and referred it to the administrative department.

The administrative department stated that it had no mandate to consider the request.

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law as the referral of the case to the administrative department had legal power and thus the administrative court became obliged to consider the case.

The court held that this argument was valid and repealed the ruling.