KCC 1180/2016

This case involved an individual who had not been paid severance pay and pay in lieu of notice. A key point was whether the claim had been submitted to early.

Background

An employee filed a case against a company before the court. He requested the court to order the company to pay him his entitlements including severance payment and notice-period salary. He said that the company had dismissed him from his job and failed to pay the entitlements.

The court dismissed the case.

The employee appealed the ruling before the court of appeal. The court dismissed the appealed ruling and refused to consider the case because the employee had submitted it before the legal timing.

The employee appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the court had refused to consider the case on the grounds that he hadfailed to submit the case before the legal timing although the company had dismissed him from his job.

Decision