Background

An employee brought a claim against a bank requesting that the court order the bank to pay her salaries.

The court rejected the case.

The employee appealed and the appeal court ruled that the bank pay the employee 30000 Dinars in compensation plus 500 Dinars for lawyer fees.

The bank appealed by cassation.

Decision

Before the cassation court the bank argued that that the ruling had insufficient evidence of causation as the employee had willingly resigned from her job. Furthermore, that the first instance court had stated that the work assessment reports of the employee revealed that she was not qualified to do her job.

The court held that this argument was valid as the court had ignored the defence made by the company despite it being a substantial one that may have changed the ruling outcome.

The court therefore repealed the ruling and rejected the case.