Background

An employee filed a complaint against a company with the Labour Department requesting that the company pay him the value of over-time hours. The department referred the dispute to court.

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 he did not actively work during these hours, however the employer had assigned him to stay near his work location during these hours.

The court held that this argument was invalid as the employee does not deserve wages for the hours he does not work.

The court therefore dismissed the appeal.