KCC 128/2011

This case involved a claim by an employee for a child allowance. The elementary court rejected the case and it was then ruled the allowance should be paid. If the elementary court rejects a case for reasons related to its content, this means the elementary court has already considers the case. If the court of appeal abandoned the ruling, it had no right to refer the case to the elementary court and it had to consider it.

Background

An employee filed a case against a company and requested the court order the company to pay her a child allowance of 200 Dinars per year.

The court rejected the case.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the company should pay the employee the child allowance.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the elementary court had rejected the case and did not consider it which meant that the court of appeal should have referred the case to the elementary court for consideration.