Client's story
A municipal council contacted the firm, seeking legal assistance in a lawsuit for recognising the invalidity of employment termination, for compensation for forced unemployment, unpaid wages, unused holiday leave and collection of a termination bonus.
One of the questions in this court case was whether the employer is required to pay a former employee compensation for forced unemployment if the employment with that employer was that former employee’s second job.
Solution
In its ruling, the court essentially agreed with the arguments pointed out by the leading partner of the firm, in that the provisions of Section 126 of the Labour Law (compensation for a forced delay in work, or performing less-paid work) do not apply if before the resolution of the dispute, the employee works for a different employer for the same or higher amount of remuneration. The final court ruling of the case fully rejected the plaintiff’s claim against the firm’s client.
