KCC 845/2004

This case involved a request by an employee for his dues. A key issue was whether the statute of limitations applied and whether this should be calculated from when the employee became aware of their rights, when the employment contract was due or when the payment was due.

Background

A claimant filed a case against two defendants and requested the court to appoint an expert in order to calculate dues the defendants owed.

The court appointed an expert and stated that the first defendant should pay the claimant 1421.049 Dinars.

The first defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case due to the statute of limitations.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had rejected the case due to the statute of limitations based on the argument that he had filed the case one year after he knew of his rights although this violated the rule that the period of statute of limitation starts then the relevant ministry dismisses an employment contract.