KCC 84/2004

This case involved a claim by an employee for their dues. It was wrongly argued that the company's claim that the endorsement document was a forgery was contrary to Article 13/2 of the Law of Evidence.

Background

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

The court ruled the company should pay the employee 56600 Dinars.

The company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The employee 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 and the company had first denied the signature of its manager on the endorsement document dated on 15/08/1987 and then claimed the endorsement was fabricated in violation to Article 13/2 of the Law of Evidence.

The court stated this argument was invalid because this article in the Law of Evidence did not prevent a claim of fabrication.

The court dismissed the appeal.