KCC 215/2004

This case involved a claim by an employee for unpaid salary. The court had been wrong to base its ruling on the company's defence that the employee had left his job while ignoring evidence from the employee that he had been forced to leave as he had not been paid his salary.

Background

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

The court ruled the company should pay the employee 1983.962 Dinars and 500 Dinars for the lawyer.

The employee and the company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of appeal and stated in his grounds of appeal that the ruling had insufficient evidence of causation and had contradictions of material documentary evidence of causation because the court had calculated his dues based on the assumption that he was dismissed from the job because of his absence although he had provided documents which confirmed that he left the job because the company had not paid his wages.