KCC 118/2001/1

This case involved a claim for unpaid dues by an employee. The key issue was whether this was an indefinite or definite period contract. The contract's terms stated it was for five years and only the employee had the right to terminate their employment before it ended.

Background

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

The court ruled that the first defendant should pay the employee 22696.407 Dinars.

The employee and the first defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the first defendant should pay the employee 8802.394 Dinars.

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 that the court had established its ruling based on the argument that the employment contract was for an indefinite period though the contract had a definite period.