Background

An employee filed a case against a company requesting that the court order it to pay his salaries.

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

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law and violated his right in defence as he had maintained all his requests before the lower courts but the courts had ignored his defence.

The court held that this argument was valid as the defence was a substantial one which could have altered the outcome of the claim.

The court therefore repealed the ruling.