Continuation of employment relationship in the event that the Employee is suspended from work without justification.
Under an unlimited term labor contract, our Client (Employee) entered into an employment relationship with the Defendant Company, the Defendant Company suspended the Employee from work without justification for more than a year and six months and therefore the Employee filed labor case against the Employer.
The Plaintiff claimed full salaries, labor dues and compensation for unfair dismissal for period from the date of his suspension from work until date of registering labor complaint.
The Defendant Company before the Court of First Instance stated it terminated the Employee’s services after three months had passed from the date he was suspended and argued case was time barred as period of one year lapsed.
Court of First Instance ruled case was time barred.
We firmly challenged judgment before Court of Appeal and claimed that suspension from work by the Defendant Company was unjustified, and our Client was not notified. Hence employment relationship remained continuous until the date of submitting the labor complaint.
Accordingly, Court of Appeal accepted our arguments and overturned Court of First Instance judgment and obliged the Defendant Company to pay full salaries from date of suspension until labor complaint was registered, leave allowance, gratuity, compensation for unfair dismissal, air ticket and experience certificate.