KCC 66/2009

A case involved a dispute between an employee and a company over the payment of his salaries.

Background

An employee filed a case against a company requesting that the court order the company to pay his salaries.

The court ruled that the company pay the employee 2274.144 Dinars.

The employee and company appealed and the appeal court ruled that the company pay the employee 2171.400 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had insufficient evidence of causation as the court had established its ruling on the dismissal of the employee being unjustified, however, the court had rejected its request to refer the case to investigation to prove that the dismissal was justified. The court held that this argument was valid as the court should permit the disputed parties to prove their claims in legal ways. The court stated that the lower court had ignored the company's request to do this.

The court therefore repealed the ruling.