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 stated it could not consider the case as it had been previously settled.

The employee appealed and the appeal court abandoned the ruling and rejected the case.

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 work these hours, however the employee had been at the employer's disposal during these hours.

The court held that this argument was invalid as the law stipulates that the employee should deserve a wage for the hours he works. In this case, the employee had not worked during the mentioned hours.

The court therefore dismissed the appeal.