Background

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

The court ruled that the company pay the employee 121811.796 Dinars.

The employee and company appealed and the appeal court ruled that the company pay the employee 60378.464 Dinars.

The employee and company appealed by cassation.

Decision

Appeal No. 127/2004

The employee argued that the ruling had erred in the application of law as the court had assumed that his resignation was final from the date of filing and that his reservation had no effect as the company accepted his resignation, however, his resignation was not final as the company's supreme committee rejected it which meant that the company dismissed him from his job and he deserved compensation.

The court held that this argument was invalid as the court has the authority to consider all aspects of a case and evaluate the evidence in order to establish its ruling.

The court therefore dismissed the appeal.

Appeal No. 126/2004