KCC 1/2001/1

This case involved a claim by an employee for unpaid dues. The employee wrongly stated the court had incorrectly established its ruling on the basis his contract stated he was to work Saturdays when his employer had required this. The court had the authority to make its decision on the basis of the evidence.

Background

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

The court ruled that the institution should pay the employee 4158.274 Dinars.

The institution appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The employee 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 had insufficient evidence of causation. He stated that the court had established its ruling based on an expert report which concluded that the employee was aware that he was obliged to work on Saturdays when he signed the contract although he was assigned by institution to work on Saturdays.