KCC 31/2003

This case involved a request by an employee for the payment of late salary. The employee had requested the employer swear an oath. However, as they had not maintained this and had reversed their decision on the late salary the court did not have to honour this request.

Background

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

The employer filed a case against the employee and requested the court order the employee to pay an amount of money.

The court ruled the employer should pay the employee 18246.622 Dinars and the employee should pay the employer 1189.660 Dinars.

The employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the employer should pay the employee 5786.486 Dinars and the employee should pay the employer 5067.740 Dinars.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation because the court had rejected his request to order the employer to swear before the judge.