Background

An employee filed a complaint against a company before the Labour Department requesting that the department order the company to pay him the value of over-time hours.

The court rejected the case.

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 as the court had established its ruling based on the argument that the employee did not do any work during these hours, however his employer had requested that he stay in his work location during these hours.

The court held that this argument was invalid as the relevant laws stipulate that the employee should only deserve the payment of wages for work undertaken.

The court therefore dismissed the appeal.