KCC 190/2010
Background
An employee made a complaint against an association before the Labour Department and requested the court to order the association to pay his salary. The department referred the case to the court.
The court ruled the association should pay the employee 2355.184 Dinars.
The association and the employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling on the severance pay and pay in lieu of notice.
Decision
The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that his dismissal from the job was justified he did not deserve severance pay although he was not responsible for violations.
The court stated this argument was valid because the report of expert had concluded that the dismissal was unfair.
The court repealed the ruling.