KCC 146/2009, 148/2009

This case involved a claim by an employee for unpaid salary. The employee claimed as his employment contract was for a specific term he should be compensated for the remaining period of the contract. As one party had the right to terminate the contract this contract should be considered as having no specific term.

Background

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

The court ruled that the company should pay the employee his salary.

The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 2261.538 Dinars for holiday pay and upheld the other points in the appealed ruling.

Decision

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

In Appeal No. 148/2009: The company stated the ruling had contradictions of material documentary evidence because the court had calculated the commission for 2008 at a rate of 8% although the employee had received all commission and that the rate should have been 5%.