Civil, commercial, and labour lawsuits, along with lawsuits pertaining to wages and salaries valued at no more than five hundred thousand dirhams, as well as signature authenticity lawsuits, irrespective of their monetary value, are to be adjudicated in a single session, in accordance with the provisions set forth in Article 22/1 and 54 of Cabinet Decision No. 33 of 2020. Notwithstanding, this directive excludes lawsuits wherein the state is a party, summary proceedings, and payment orders. The contested ruling transgressed this fundamental principle, as the claims presented in the lawsuit surpassed the stipulated threshold of five hundred thousand dirhams. Consequently, the contested ruling is deemed erroneous.

Whereas in the facts, as apparent pursuant to the perusal of the contested ruling and accompanying documents, the appellant initiated lawsuit No. 7673 of 2020 - Labour Circuit - against the respondent. The appellant sought a decree compelling the respondent to remit a sum of 770,000 dirhams, reflective of entitlements arising from their employment relationship. These entitlements encompassed overdue salaries, leave allowances, compensation for unjust termination, end-of-service gratuity, salary deductions, a travel ticket, and literary compensation. The appellant asserted that their employment spanned from 4/10/2008 to 29/8/2020, during which they received a monthly salary of 1,600 dirhams.

During the session held on 4/4/2021, the Court of First Instance suspended the proceedings for adjudication in the same session and decreed the defendant to disburse the plaintiff a sum of 14,500 dirhams, furnish a return ticket to the plaintiff's home country upon termination or departure, and pay legal interest at a rate of 5% from the date of filing the complaint until full settlement.

Subsequently, the plaintiff contested this ruling through Appeal No. 811 of 2021. In the session convened on 30/6/2021, the Court of Appeal dismissed the appeal on the grounds that it was lodged beyond the prescribed time limit, in adherence to the provisions outlined in Article 54 of the Implementing Regulation of the Civil Procedure Law.

The appellant, dissatisfied with the Court of Appeal's decision, pursued the present cassation. Upon presentation of the cassation to this court in a Council Chamber, a session was scheduled for its adjudication, and due notice was extended to the opposing parties through the case management.

The appellant lodges objection to the contested ruling, asserting that it contravenes the law and errs in its application. The crux of the objection lies in the dismissal of the appeal pursuant to Article 54 of the Implementing Regulation of Cabinet Decision No. 57 of 2018, governing the Implementation Regulation of Federal Law No. 11 of 1992 concerning the Civil Procedure Code. Additionally, the appellant cites Article 22/1 of Cabinet Decision No. 33 of 2020, amending specific provisions of Cabinet Decision No. 57 of 2018 pertaining to the Civil Procedure Law. Article 22/1 of Cabinet Decision No. 33 of 2020 designates the jurisdiction of one or more partial circuits to adjudicate on a case within a single session. This provision is applicable to certain types of cases, including civil, commercial, labour, and lawsuits claiming wages and salaries valued at not exceeding 500,000 dirhams. The appellant contends that since their claim amounts to 770,000 dirhams, it falls outside the scope of Article 22/1 of the aforementioned law. Consequently, the contested ruling violated the law constituting and displayed deficiencies in reasoning, warranting its reversal.

The objection raised holds merits, since the provisions of Article 22/1 of Cabinet Decision No. 33 of 2020, amending certain aspects of Cabinet Decision No. 57 of 2018 concerning the Regulation of Law No. 11 of 1992 related to the Civil Procedure Law, specify that, (with the exception of lawsuits involving the state, summary lawsuits, and payment orders, the Minister of Justice or the head of the competent judicial authority, as applicable, may designate one or more of the partial circuits to adjudicate the case in a single session. This provision applies to the following types of lawsuits: