KCC 335/2004

This case involved a request by an employee for the opportunity to appeal although they had reached a final settlement as they claimed that settlement had not included compensation for a workplace injury.

Background

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

The company added an insurance company to the case and requested the court or order the insurance company to pay the compensation.

The court refused to consider the case because it was previously settled.

The employee and the company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had refused to consider the case based on the argument that the employee had reached a final settlement with the company although this settlement did not include compensation for the workplace injury.