KCC 49/2005

This case involved a claim for unpaid salary by an employee. It had been incorrect to exceptionally accept the appeal because the elementary ruling was illegal when this had been based on the expert report.

Background

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

The court ruled the company should pay the employee 1298.700 Dinars.

The employee 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 because the court had exceptionally accepted the appeal based on the argument that the elementary ruling was illegal although the ruling was based on the report of the expert.

The court stated this argument was valid.

The court repealed the ruling.