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 14510.105 Dinars.

The company appealed and the appeal court ruled that the company pay the employee 9976.168 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the court had ruled that the company pay the employee a severance payment despite the employment contract stipulating that the employee would receive a lump-sum amount each month in exchange for a severance payment.

The court held that this argument was invalid as the relevant laws obligate the employer to pay a severance payment when the contract is terminated and any condition in the contract which violates this should be considered illegal.

The court therefore dismissed the appeal.