Background

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

The court ruled that the company pay the employee 2633.68 Dinars.

The company appealed and the appeal court ruled that the company pay the employee 2358.96 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law and contradicted material documentary evidence as the court had ruled that the company pay the employee the value of three months' notice without discounting his wage from this value as the employee had worked longer than the mentioned period.

The court held that this argument was valid as the court had ignored this defence despite it being a substantial one that could have altered the ruling outcome.

The court therefore repealed the ruling.