Background

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

The court ruled that the employer should pay the employee 1753.350 Dinars.

The employer 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 that the ruling had contradictions of material documentary evidence because the court had established its ruling upon the argument that the employment contract did not determine his wage although the contract determined the wage and the position.

The court stated this argument was invalid because the court has the authority to consider all aspects of the case and evaluate its evidences in order to establish its ruling. The court stated that it had concluded that a working relationship did not exist between the two parties.