KCC 80/2001, 81/2001

A case involved a dispute between an employee and a company over the payment of his salaries.

Background

An employee filed a case against a company requesting that the court order it to pay his salaries.

The court ruled that the company pay the employee 228.776 Dinars.

The employee appealed and the appeal court ruled that the company pay the employee 1361.565 Dinars.

The employee and company appealed by cassation.

Decision

Appeal No. 81/2001

The employee argued that the ruling had insufficient evidence of causation as he had maintained before the court that the company released another working contract for him which decreased his salary but the court ignored this defence.

The court held that this argument was invalid as there is no law that exists depriving a company from amending the working contract and changing the wage. The court stated that the employee did not deny the new contract and had signed it.

The court therefore dismissed the appeal.

Appeal No. 80/2001

The company argued that the ruling had insufficient evidence of causation as the court's calculation of the employee‘s dues had no legal basis and did not depend on the case documents.