Background

A lawyer made a plea before the court of appeal requesting the dismissal of a previous ruling and the estimation of his expenses for defending the defendant in a labour case. The lawyer said that the defendant had reached a reconciliation agreement with the employer and denied his expenses. The lawyer said that he filed a case in order to claim his expenses but the court had dismissed the case at the time and the court of appeal upheld the ruling.

The court dismissed the plea.

Decision

The lawyer appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had violated the right in defence because the court had dismissed the plea though the conditions for the plea existed. The lawyer said that the defendant had cheated on the court and he had the right to make a plea under Article 229 of the Advocacy Law.

The court said that this argument was invalid.

The court dismissed the appeal.