BCC 559/2007

This case involved an employee's claim for unfair dismissal which was dismissed due to the statute of limitations. The fact the employee had received insurance payments from the company after the termination date did not mean that date was the termination date from which the statute of limitations should be calculated.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that she was working for the company and was unfairly dismissed from her job. The employee requested the company pay her entitlements and compensation. The Ministry referred the case to the court.

The court dismissed the case due to the statute of limitations.

The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and said in her grounds of appeal that the ruling had erred in the application of law and had a contradiction of material documentary evidence. It was said that the court dismissed the case due to the statute of limitations and dismissed her defence that she had filed the case before the end of the one year deadline.