KCC 202/2010

This case involved claims by some heirs for severance pay owed to their father. The court had been wrong to ignore the expert's report which ruled severance pay was owed.

Background

The heirs of an employee made a complaint against a company before the Labour Department and stated their father used to work for the company but the company had refused to pay his remaining salary. The department referred the case to the court.

The court ruled that the company should pay the heirs 570.787 Dinars.

The heirs and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the company should pay the heirs 2158.507 Dinars.

Decision

The heirs appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because the court had violated the conclusions of the report of expert on the severance pay.

The court stated this argument was valid because the court had ignored the conclusions of the expert on the severance pay.

The court repealed the ruling.