KCC 222/2011

This case involved a claim by an employee for unpaid dues. The key issue in this case was whether a mistake had been made on the lawyer's fees. Lawyer's fees are part of court costs and can be appealed via the court of appeal.

Background

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

The court ruled that the company should pay the employee 2684.212 Dinars.

The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.

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 rejected his appeal on the lawyer expenses and requested him to make a plea instead though the elementary court estimated these expenses in its ruling.

The court stated this argument was valid because the lawyer expenses should be considered as part of the case costs and so the ruling can be appealed before the court of appeal.

The court repealed the ruling.