KCC 2036/2017

This case involved an employee's right to appeal a labour dispute hearing involving holiday pay on termination of employment.

Background

A doctor filed a case against an employer before the commission of labour disputes settlement. He said that the employer had terminated his contract without paying his financial entitlements. He requested the employer to pay these entitlements. The case was then referred to the court.

The court ruled that the employer should pay the doctor 2828.2 Dinars.

The employer appealed the ruling before the court of appeal. The court dismissed the appealed ruling on the value of holiday and upheld the appealed ruling otherwise.

The doctor appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the court had issued its ruling according the report of the expert and none of the cases stipulated in Article 138 of the Advocacy Law had existed in the case.

Decision