KCC 4/2006

This case involved a claim by an employee for unpaid salary. One of the parties was asked by the judge to swear an oath as they did not appear to do this they were automatically considered to have lost the case.

Background

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

The court ruled that the institution should pay the employee the April 2004 salary.

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.

The employee repealed the ruling and requested the institution to swear before the judge but they failed to attend the session.

The court said that Article 64 of the Pleadings Law stipulated that that party which fails to fulfil the court' request for oath losses the case.

The court changed the appealed ruling and ruled that the owner of the institution should pay the employee 1826.907 Dinars.