Background

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

The court ruled that the bank pay the employee 12860.302 Dinars.

The employee and bank appealed and the appeal court upheld the ruling.

The employee and bank appealed by cassation.

Decision

Appeal No. 92/2009

Before the cassation court the bank's representative argued that the ruling had erred in the application of law as the court had applied the statute of the bank in the case, however, the employee worked in separate department buildings so the statute of this department should have applied in the case.

The court held that this argument was valid as the representative of the bank had maintained this defence before the court, but it had been ignored despite it being a substantial one that could have altered the outcome of the case.

The court therefore repealed the ruling.

Appeal No. 85/2009