KCC 235/2006

This case involved a claim by an employee for his dues. Although the employee had provided witnesses who stated he had worked overtime he had not provided the expert with sufficient evidence on the hours which had been worked on these days so it could not be calculated.

Background

An employee filed a case against a company and requested the court to order the company to pay his dues.

The court rejected the case.

The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.

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 ignored his request on overtime hours and had ignored his defence and the testimony of his witnesses on this.

The court stated this argument was invalid because the employee had failed to provide solid evidence that he had worked in the mentioned hours and so the expert could not determine the wages for these days.

The court dismissed the appeal.