KCC 247/2004, 250/2004

This case involved a claim by an employee for unpaid salary. The court ruled the dismissal was unfair as the employer had failed to provide evidence he had failed to commit to his contractual obligations. The employee had also proved this was a contract for a definite period so salary should be paid for the remainder of the contractual period.

Background

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

The court rejected the case.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the club should pay the employee 1532.115 Dinars.

Decision

The employee and the club appealed the ruling before the court of cassation.

In Appeal No. 250/2004: The club stated the ruling had insufficient evidence of causation and had contradictions of material documentary evidence because the court had established its ruling based on the argument that the termination of the contract was unfair although the employee had failed to commit to his obligations.