ECC 1332/1999

This case involved a request by an employee that a dismissal decision be cancelled and he be promoted. It was wrongly argued the statute of limitations applied to the promotion issue as this resulted from the decision to reappoint him and was based on a new contractual relationship.

Background

An employee filed a case against a company before the court of first instance requesting the company dismiss a dismissal decision and promote him to the first grade from 31/12/1983.

The court ruled that the employee had no right to file 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 his grounds of appeal that the ruling had erred in the application of law and that the rules of statute of limitations did not apply to his request for promotion because this request resulted from the decision to reappoint him.