KCC 234/2006/1

This case involved a claim by an employee for unpaid salary. It was wrongly argued this employee did not deserve overtime because they were responsible for recording attendance. An employee's seniority had no bearing on whether they deserved overtime.

Background

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

The court ruled that the association should pay the employee 4669.775 Dinars.

The employee and the association 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 rejected his request to order the association to pay overtime based on the argument that he was responsible for preparing the records on work attendance although he used to do these records having been ordered to do so by the employer and this did not mean that he had no right to receive overtime hours.