KCC 284/2010

This case involved a complaint by an employee for unpaid dues which was refused as a result of the statute of limitations. A key question was whether compensation owed because the employer had held the employee's passport was subject to different rules on the statute of limitations.

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 refused to consider the case due to the statute of limitations.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the company should pay the employee compensation of 2000 Dinars.

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 and had insufficient evidence of causation because the court had ruled that the company should pay compensation for reserving the employee's passport based on the argument that this did not result from the working relationship although the statute of limitation should be applied over the case.