KCC 290/2010, 293/2010

This case involved a claim made by an employee for their dues. The court had been wrong to establish its ruling based on photocopies which the company denied. The employer could dismiss an employee with justifications including absence.

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 91028.570 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court requested the representative of the company to swear before the judge. The court then changed the appealed ruling and ruled the company should pay the employee an additional 17400 Dinars.

Decision

The employee and the company appealed the ruling before the court of cassation.

In Appeal No. 290/2010: The company stated the ruling had erred in the application of law and had insufficient evidence of causation. It was stated the court had established its ruling based on photo copies of the documents provided by the employee although they had denied all these copies.