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 6757.638 Dinars.

The company appealed and the appeal court upheld the ruling.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had insufficient evidence of causation as it had maintained before the court that the employment contract was a customary one.

The court held that this argument was invalid as the company had no right to claim that the contract was a customary one if it had already discussed the rights that stemmed from such contract. The court stated that the company had endorsed that the employee deserved severance pay and thus it had no right to claim that the contract was a customary document.

The court therefore dismissed the appeal.