KCC 262, 342/2011
This case involved whether specific salary and termination payments should be paid to civil servant because of their qualifications when the job did not require those qualifications and they had accepted it.
Background
A claimant filed a case against two defendants before the court. He requested the court order the defendants to amend his employment contract and pay him accordingly. He said that he was employed by the Ministry of Health and that he was receiving 200 Dinars as a salary. He said that he held a bachelor degree and therefore he should be promoted to the fourth grade. He said that the defendants had refused to promote him.
The court dismissed the claimant's request on the payment of the severance pay. The court ruled that the monthly salary should be increased to 260 Dinars.
The claimant and the defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling on the payment of the severance pay.
The claimant and the defendants appealed the ruling before the court of cassation.
Decision
Appeal No. 262/2011: