Background

An employee filed a case against an employer requesting that the court order his heirs to pay his salaries.

The court rejected the case for being filed against an irrelevant party.

The employee appealed and the appeal court ruled that the heirs pay the employee 4683.595 Dinars.

The heirs appealed by cassation.

Decision

Before the cassation court the heirs argued that the ruling had violated the law as the court of appeal considered the case when it should have referred the case to the elementary court for consideration.

The court held that this argument was invalid as, if the appeal court dismisses the ruling of the lower court which states that the case has been filed against an irrelevant party, the court of appeal should not refer the case to the elementary court, it should consider the case.

The court therefore dismissed the appeal.