KCC 840/2002

This case involved an expert to be appointed to calculate severance pay and an allowance owed to an employee. It was wrongly argued these amounts were not owed as the employee lacked the degree required for this position. The court had the right to decide on this point from the evidence.

Background

A claimant filed a case against two defendants and requested the court appoint an expert in order to calculate his severance pay and a nature-of-work allowance and order them to pay accordingly.

The court ruled that the defendants should pay the claimant 3113 Dinars.

The defendants appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the defendants should pay the claimant 2507.733 Dinars.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of the law because the court had established its ruling based on the argument that the claimant held a degree which qualified him to occupy his position although he did not hold this degree.