KCC 135/2000, 146/2000

This case involved claim by an employee for reinstatement to a former position and payment of salary differences. As the claim had been filed over one year from the termination of the contract.

Background

An employee made a complaint against a company and requested the Labour Department to order the company to return him to his position and pay salary differences and compensation for damage. The department referred the case to the court.

The court ruled the company should pay the employee 19839.940 Dinars in compensation.

The company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the company should pay the employee 1220.638 Dinars.

Decision

The employee and the company appealed the ruling before the court of cassation.

In Appeal No. 146/2000: The company stated the ruling had violated the law because it had maintained before the court that the court should not consider the case due to the statute of limitations because the employee had filed his complaint one year after the termination of the employment contract.