KCC 996/2017

The initial dispute involved the failure to pay an employee their dues on termination of employment. A key point was the validity of ruling as the judges which issued it were different from those which heard the case.

Background

An employee filed a case against a company before the commission of labour disputes settlement. She said that the company had failed to pay her financial entitlements after the termination of her employment contract. She requested the company to pay the entitlements. The case was then referred to the court.

The company filed a case against the employee before the court. The company requested the court to order the employee to pay 3205.769 Dinars.

The court ruled that the employee should pay the company 2590.385 Dinars.

The employee appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the company should pay the employee 1061.384 Dinars.

Decision

The company appealed the ruling before the court of cassation.

The office of public prosecution requested the court to repeal the ruling. The office said that the board of judges which considered the hearing was different from the one that announced the ruling.