KCC 799/2004

This case involved a claim by an employee for amount owed including severance pay. A key issue was whether a risk allowance should be included when calculating severance pay. Severance pay should have only included basic salary in the calculation.

Background

A claimant filed a case against a defendant and requested the court to appoint an expert in order to calculate the amount of money the defendant owed the claimant and order the defendant to pay this amount.

The court ruled that the defendant should pay the claimant 8897 Dinars.

The defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the defendant should pay the claimant 6726.229 Dinars.

Decision

The defendant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the court had included a risk allowance in the salary upon which severance pay was calculated though this allowance should not be added to the salary.