Background

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

The court rejected the case.

The employee appealed and the appeal court ruled that the company pay the employee 1872.430 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law and had insufficient evidence of causation as the appeal court ruled that the company pay the employee his wages over a certain period, however the elementary court had not dealt with this request and thus the request should have been referred to the elementary court for consideration.

The court held that this argument was valid as new requests should not be brought before the court of appeal, and if they are, the court should reject them. The court stated that the court had considered the request of the employee despite it being brought for the first time before the court of appeal.

The court therefore repealed the ruling.