Background

An employee filed a case against a company requesting that the court order the company to pay his salaries.

The court ruled that the company pay the employee 176.029 Dinars in annual holiday pay.

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law and contradicted material documentary evidence as the court refused to order the company to pay him severance on the basis he had resigned from his position before completing three years of work, however he had resigned at the request of the company.

The court held that this argument was valid as the case documents revealed that the employee maintained before the court that he had resigned before the termination of the contract at the company's request.

The court therefore repealed the ruling.