BCC 113/2020

This case involved the rights of an employer and employee to agree to different entitlements on termination than those defined in law.

Background

An employee filed a case against a company before the court. He requested the court to order the company to pay his financial entitlements. He said that the company had dismissed him from his job without legal justification.

The court ruled that the company should pay the employee 9872 Dinars in addition to 145 Dinars for holiday pay.

The company appealed the ruling before the court of cassation. The company said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The company said that the court had estimated the compensation value as equivalent to the wages until the termination of the contract though the two parties had agreed that the compensation should be equal two-months wages.

Decision