KCC 840/2002/1

This case involved dues owed to an employee. Although the employer had argued the employee lacked the necessary qualification for their position, the court had the right to assess the evidence and determine they were appropriately qualified.

Background

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