KCC 145/2010

This case involved a claim by an employee for unpaid salary. The court awarded an amount because of unfair dismissal. A mistake had been made on deductions of health insurance from the salary. This case provided details of the appropriate way to appeal that.

Background

An employee made a complaint against a company before the Labour Department and requested the department to order the company to pay her salary. The department referred the case to the court.

The court ruled the company should pay the employee 4000.810 Dinars plus 300 Dinars as compensation for unfair dismissal.

The employee and the company appealed the ruling before the court of appeal. The court abandoned the appealed ruling on the compensation and ruled that the company should pay the employee 4568.612 Dinars.

Decision

The employee appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had erred in the application of law because the company had deducted health insurance (400 Dinars) from the salary though it was obliged to pay this amount and the court had ignored this issue.