KCC 2520, 2540/2017

The original case involved the an individual who requested he be appointed to a specific role. A key point was what would happen if the court ruled it lacked jurisdiction to hear the case.

Background

An employee filed a case against defendants before the court. He requested the court to order the defendant to appoint him to the position of “General Director” and pay him 147985 Dinars.

The court dismissed the case.

The employee appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the defendants should pay the employee 7882.162 Dinars in addition to an award of 32000 Dinars.

The employee and the defendants appealed the ruling before the court of cassation.

The office of public prosecution sent a memorandum to the court and requested it to dismiss the two appeals. The office said that the consideration of the case did not fall under the jurisdiction of the civil court.

Decision