Background

An employee filed a complaint against a company before the Labour Department requested that the department order the company to pay his salaries and the dispute was referred to court.

The court refused to consider the case.

The employee appealed and the appeal court ruled that the company pay the employee 4610.686 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 it had maintained before the court that the employee did not deserve severance pay as he willingly left his employment and had worked for less than five years.

The court held that this argument was invalid as the case documents revealed that the employment contract had been signed to implement a certain project and thus the resignation of the employee due to the end of the project should not have been considered as a termination of the contract.

The court therefore dismissed the appeal.