KCC 250/2010

This case involved a claim for an employee whose position had been terminated for his dues. The court had been wrong not to pay an amount for the remainder of this contract as they had wrongly worked on the basis this was an indefinite contract when it was for two years.

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 7233.387 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that severance pay should be 476.908 Dinars but the employee did not deserve compensation for the remaining period of the contract.

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 and had insufficient evidence of causation because the court had established its ruling based on the argument that the contract had an indefinite period although it was a two-year contract.