KCC 275/2008, 294/2008

This case involved a claim by an employee for his dues. A key issue was whether the contract of employment was an indefinite or definite period one. Where a definite period contract is renewed it becomes an indefinite one.

Background

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

The court ruled that the company should pay the employee 2893.160 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the company should pay the employee 3483.160 Dinars in addition to 300 Dinars for lawyer's expenses.

Decision

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

In Appeal No. 275/2008: The company stated the ruling had erred in the application of law because the court had established its ruling upon the argument on the basis the employment contract was for a definite period when it was not.