Background

An employee made a complaint against a company before the Labour Department and requested the department to order the company to pay his salary. The department referred the case to the court.

The court refused to consider the case due to the statute of limitations.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case because it had been previously considered.

Decision

The employee appealed the ruling before the court of cassation.

The court of cassation repealed the ruling and said that Article 96 of the Labour Law stipulated that a labour case can be considered within one year of the termination of the employment contract.

The court stated the employment contract was terminated on 13/06/1993 and he had filed his request with the Labour Department on 27/04/1997.

The court upheld the elementary ruling.