KCC 174/2003

This case involved a claim by an employee for his due. The amount awarded was decreased at appeal. It was wrong to have a contradiction between the logic and reasons of the ruling.

Background

An employee made a complaint against the owner of a company and requested the Labour Department to order him to pay his dues. The department referred the case to the court.

The court ruled the defendant should pay the employee 676.830 Dinars.

The employee and the defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendant should pay the employee 376.330 Dinars.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had contradictions because the court had ruled that the amount the employee deserves should be increased and then decreased this amount.

The court stated this argument was valid because there was a contradiction between the logic of the ruling and its reasons.

The court repealed the ruling.