KCC 172/2002

A case involved whether an employee was due his salaries from a company.

Background

An employee filed a complaint against a company before the Labour Department requesting that the department order the company to pay his salaries. The department referred the dispute to court.

The court ruled that the company pay the employee 409.500 Dinars.

The employee appealed and the appeal court ruled that the company pay the employee 2295.622 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had insufficient evidence of causation as the court had rejected its defence that the employee did not deserve the value of holidays due to the statute of limitations.

The court held that this argument was invalid as the company introduced this defence for the first time before the court of cassation.

The court therefore dismissed the appeal.