DCC 60/2010

The original dispute involved an employee who had resigned and was asking for his dues. A key issue was whether the statute of limitation applied and the case had been filed too late.

Background

An employee filed a case against a company and requested the court order the company to pay him 1.302.000 ED and annual interest. The employee stated he had started working on 07/07/2004 and he had resigned on 04/05/2008.

The court ruled that the company should pay the employee the value of a flight ticket.

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

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal the ruling had erred in the application of law, had insufficient evidence of causation and had violated the right of defence because the court had upheld the elementary ruling that had ruled that the case should not be considered due to the statute of limitation and had ignored his defence that he had resigned on June 2008 which meant that the statute of limitation should start from this date.