KCC 254/2009

This case involved a claim by an employee for his dues. It was irrelevant whether the expert had wrongly calculated the severance pay as the court had the authority to evaluate the evidence when making its ruling.

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 4657 Dinars.

The employee 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 employee 4571 Dinars.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had violated the right of defence and had contradictions of material documentary evidence because the expert had made a mistake in the calculation of the severance pay.

The court stated this argument was invalid because the court had the authority to consider all aspects of the case and to evaluate its evidences and the expert reports to establish its ruling.

The court dismissed the appeal.