KCC 158/2009, 159/2009

This case involved a request by an employee for the difference in severance pay. The expert had wrongly included a bonus when calculating the severance pay contrary to an order made by the bank's directors.

Background

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

The court rejected the case.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling on the employee's request for the value of the difference in severance pay and ruled that the company should pay the employee 24187.176 Dinars.

Decision

The employee and the company appealed the ruling before the court of cassation.

In Appeal No. 158/2009: The court dismissed the appeal made by the employee and stated it was an unproductive one.

In Appeal No. 159/2009: The bank stated the ruling had insufficient evidence of causation and had erred in the application of law because the expert had calculated the severance pay using the comprehensive salary including the annual bonus although the bonus should not have been included in the calculation.